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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’.
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.
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.
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.
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.
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.
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.
The SGCA clarified that the threshold for identifying vexatious or oppressive conduct is a high one. Significantly, the SGCA declined to adopt the sufficient interest test, as suggested by Lord Scott in obiter in the House of Lords decision of Donohue v Armco Inc and others [2002] 1 All ER 749.
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