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of its equity on the condition that this investment would be utilised to service a contract with the British Broadcasting Corporation. The Award Debtors argued that this compromised the arbitrator’s independence and impartiality as per General Standard 3 of the IBA Guidelines 2004.
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).
The judges noted that in the first draft contract (“Draft Contract I”) sent by the Plaintiff, the arbitration clause listed the Beijing Arbitration Commission (“BAC”) as the arbitration institution. Subsequently, the Defendant had Draft Contract II sealed and delivered back to the Plaintiff.
a of the ECT requires “unanimity” among the contracting parties “present and voting” for an ECT amendment to be adopted. In line with the definition in Article 1(2) of the ECT, states in their one-year “withdrawal period” under Article 47(2) of the ECT also count as contracting parties for these purposes.
19,971 in 2004 that the Supreme Court of Chile has denied an exequatur. The Dubai Court of Cassation held that the arbitration clause contained in the main contract was deemed to extend to all subsequent purchase orders entered into between the same parties (which did not contain an arbitration clause). Société Indagro v.
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. This can be done in individual contracts. 40 et seq.).
In reaching this conclusion, the Court looked at Section 6 of the Alternative Dispute Resolution Act of 2004 , which specifies types of disputes that cannot be resolved through arbitration or other alternative means of dispute resolution. There are several contracts involving government entities containing arbitration clauses.
The developer also contracted other secured loans with Polish state banks. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Hanotiau and O.
Dong, JunHe LLP, ITA Reporter for China In this case the petitioner seeks to set aside an CIEATC arbitral award before the Beijing Court, arguing that the arbitration agreement in a sales contract is not binding because the respondent did not sign the sales contract. 21-cv-2004(APM)No. SRT Capital SPC LLC v. Von Pezold, et al.
In doing so, many have cited language originating in the 2004 Occidental v. Investors may prefer to rely on other risk mitigation strategies, including carefully drafted contracts, political risk insurance, and—perhaps most importantly—comprehensive due diligence. That statement may have flown in the past—but for how much longer?
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