Kluwer Arbitration
JULY 17, 2024
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’.
Kluwer Arbitration
DECEMBER 28, 2023
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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Kluwer Arbitration
OCTOBER 6, 2024
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.
Kluwer Arbitration
FEBRUARY 28, 2024
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.
Kluwer Arbitration
MARCH 20, 2024
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.
Government Contracts & Investigations
OCTOBER 11, 2023
Examples of contract-specific limitations on cost include negotiated dollar value thresholds for compensable changes and caps on rates proposed to make a contractor’s proposal more competitive. 2002); see also Stanford Univ. Limitations in FAR Subpart 31.2 19] KBR Servs., 57530, 19-1 BCA ¶ 37,205. [20] 20] Teledyne Indus., Geotech Div.
Procurement Notes
OCTOBER 10, 2022
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] 91, 94 (2002) (price increase is not an out-of-scope mod.
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