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Arbitrator’s Bias as a Ground for Challenging a Foreign Award: The Indian Perspective

Kluwer Arbitration

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.

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Guiding Cases 196 – 198 Issued by the PRC Supreme People’s Court – Further Steps Toward a Pro-Arbitration Regime

Kluwer Arbitration

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.

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The 3 revolutions of public procurement in Africa

Open Contracting Partnership

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).

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Brexit 2.0: The United Kingdom Leaves the Energy Charter Treaty

Kluwer Arbitration

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.

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KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 3 (March 2023)

Kluwer Arbitration

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.

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What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?

Kluwer Arbitration

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.).

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Arbitrability and Enforcement in the Philippines: The Maynilad Case

Kluwer Arbitration

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.