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

Kluwer Arbitration

Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’.

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

In Eiser , Dr Alexandrov’s partnership in the chamber from 2002 to 2017 was considered. Explicit recognition of this lower threshold in investment arbitration may prima facie appear to have resolved the complication arising out of the interpretation of the term “manifest” in Article 57 of the ICSID Convention.

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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). A novelty is the approach to the notion of security interests.

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

Kluwer Arbitration

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. The discussion then moved on to the possible jurisdiction of the CAS over E-sport disputes and all panelists agreed on the possibility of this development happening in a near future.

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Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. Another example concerning the deposit of security amount being enforceable as an interim award is Banco de Seguros del Estado v. Mutual Marine Offices, Inc. , 2d 362 (S.D.N.Y.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

In 2002, the Constitutional Court of Colombia (“Court”), in Judgment C-339 , ruled on the constitutionality of these provisions, stating that páramos are part of the mining exclusion zones and are constitutionally protected. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

In 2002, the Constitutional Court of Colombia (“Court”), in Judgment C-339 , ruled on the constitutionality of these provisions, stating that páramos are part of the mining exclusion zones and are constitutionally protected. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52