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CBAr 22nd International Arbitration Conference: Business Contracts and Party Autonomy in Times of Instability and Uncertainty

Kluwer Arbitration

On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts.

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Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

This article considers the reasons why parties often choose to seat their arbitration in a foreign jurisdiction, looking in particular at commercial contracts in Pakistan with an arbitration clause seating the dispute in London. Parties need to think through the case being pleaded even where near identical contracts exist.

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Separability of Arbitration Clauses: A Perspective From Dubai

Kluwer Arbitration

585/2023 (Commercial) , the Dubai Court of Cassation (“COC”) concluded that the invalidity of a contract extends to the arbitration clause included in the underlying contract. According to the COA, this is further set out in decisions of the COC, which have held that such contracts are invalid as a matter of public policy.

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Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters. 2d 362 (S.D.N.Y.

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2024 PAW: Sports Law and the Upcoming Olympics – What Role for Arbitration?

Kluwer Arbitration

based on arbitration clauses included in contracts. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Ordinary proceedings are more akin to commercial arbitrations and mainly consist in contractual disputes (e.g.,

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Angel Samuel Seda and Others v Colombia: New Pathways in the Application of Security Exceptions?

Kluwer Arbitration

The first arbitral awards over the matter arising out of the Argentine financial crisis 2001/2002 are prominent for their contradictory outcome (see in particular CMS v Argentina , Sempra v Argentina , Enron v Argentina on the one hand, and LG&E v Argentina on the other hand).

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How Many Bites of the Same Cherry Does It Take to Overturn an Arbitration Award? Unpacking the Indian Supreme Court’s Decision in Delhi Metro Rail Corporation v. Delhi Airport Metro Express Pvt. Ltd

Kluwer Arbitration

DAMEPL had initiated arbitration against DMRC for a breach of contract. For reference, CMRS is a statutory body created by the Metro Railways (Operation and Maintenance) Act, 2002 (“Metro Act”) to assess the safety concerns involved in operating metro lines.

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