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The FICC then carefully examined the parties’ negotiation history, particularly as it relates to the arbitration clause. The parties then engaged in further negotiations regarding other clauses in the contract, but the arbitration clause remained unchanged. The FICC first affirmed its jurisdiction to review this issue.
Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. 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.
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