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2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

Kluwer Arbitration

He drew a thread from the first arbitration law in Denmark under Christian V in 1683 to a bill on arbitration in 1972 to the enactment of the 2005 Danish Arbitration Act based on the 1985 UNCITRAL Model Law on International Commercial Arbitration. 2016.1558/2H), which sets a high threshold for any setting aside arguments.

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Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

Kluwer Arbitration

18 IISD Model 2005 ). 11-18 IISD Model 2005 ). a IISD Model 2005 ). To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced. Investor obligations can be broadly categorised as legality clauses (e.g.

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

Subsequently, the Consorzio v Algeria (2005) tribunal (Gaillard being a member) adopted Gaillard’s view on umbrella clause. The threshold of “appearance of dependence or bias” as laid down in Blue Bank is similar to the “justifiable doubts” standard under the UNCITRAL Arbitration Rules. This argument was rejected in both cases.

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Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Kluwer Arbitration

VR Van Raalte Reclame , 2005). This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions). This has been the case in Germany ( KZB 75/21 , 2022), Sweden ( GE v. Natura Furniture , 2021), Belgium ( SNF v.

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Sovereign Immunity and Issue Estoppel: English High Court’s Latest Decision in the Longstanding Yukos v. Russia Enforcement Saga

Kluwer Arbitration

Brief Background to the Case Much has been written about the Yukos cases since arbitration proceedings were initiated by the Shareholders against Russia in 2005. Parties should however expect that a high threshold would apply for the Court finding “ special circumstances “, as in this case, the existence of a novel point (i.e.

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Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Kluwer Arbitration

Key Principles of Arbitration Identified By the Seven-Judge Bench In deciding whether unstamped agreements are unenforceable, the Judgment considered the remit of courts at the threshold stage. 2005) 8 SCC 618] and National Insurance Co. The Judgment traces this judicial and legislative evolution from SBP & Co. Boghara Polyfab Pvt.

Import 52
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An In-Depth Examination of Inflation Relief for a Government Contractor

Procurement Notes

18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.