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These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. Early reformers in this first revolution were Ethiopia (2005), Ghana (2005), Kenya (2007), Tanzania (2004), Uganda (2003), and Zambia (2006).
In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication. The party objecting to publication does not have to prove detriment beyond “ the undermining of its expectation that the subject matter would be confidential ” (paragraph 15).
Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).
Supreme Court of Justice of Portugal, 991/20.5YRLSB.S1, 22 June 2023 José Miguel Júdice, Independent Arbitrator, ITA Reporter for Portugal This decision serves as another example from the Portuguese Supreme Court of Justice, emphasizing the court’s balanced yet pro-arbitration stance in recognizing foreign arbitral awards.
France may wish to similarly codify the level of review to be applied to challenges to arbitral awards, particularly as they relate to challenges on the basis of international public policy, such as corruption, where the arbitral tribunal could have made a finding on those issues. 2004/13909 ).
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