Kluwer Arbitration
DECEMBER 28, 2023
He identically argued as a counsel for the same claimant in SGS v Pakistan ( SGS I ) (2003) and SGS v Philippines ( SGS II ) (2004) that the effect of umbrella clause was to convert a contractual claim into a treaty claim. One such example may be cited with reference to Emmanuel Gaillard. This argument was rejected in both cases.
Kluwer Arbitration
SEPTEMBER 16, 2024
However, the Bombay High Court rejected the challenge on the grounds that the circumstances of bias alleged by Avitel did not pass the reasonable third person test, contemplated under General Standard 2(b) of the IBA Guidelines on Conflict of Interest in International Arbitration, 2004 (“ IBA Guidelines 2004 ”).
Kluwer Arbitration
MAY 7, 2024
First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure.
Open Contracting Partnership
NOVEMBER 7, 2023
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).
Kluwer Arbitration
SEPTEMBER 28, 2023
Article 26 of the 2004 Interpretation grants the subcontractor the right to break the contract privity and to directly file a lawsuit against the employer when the employer failed to make payment of construction project costs owed to the contractor. Fu Yang and Qinghai Senkeyanhua Industry Co.
Kluwer Arbitration
AUGUST 25, 2024
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
Kluwer Arbitration
JUNE 15, 2024
Amongst the UK’s treaty partners are or also were many of today’s EU member states, mostly those which joined the Union during the 2004, 2007, and 2013 enlargements towards Eastern Europe and the Western Balkans. While some of these treaties have already been terminated or are not in force, the majority are.
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