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An End to the Taisei Saga in Pakistan

Kluwer Arbitration

Historical Background Historically, the enforcement of foreign arbitral awards in Pakistan required filing an application before the respective provincial High Court under Section 6 of the Recognition and Enforcement (Foreign Arbitral Awards and Arbitration Agreements) Act of 2011 (“2011 Act”).

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Aggravating Australia’s Arbitration Ambivalence: Zeph’s ISDS Claims

Kluwer Arbitration

It had reinstated in late 2022 a policy over 2011-13 of not agreeing to ISDS in new IIAs. This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. Indeed, it added that it would review Australia’s past IIAs. The JSCOT proceedings allow for public scrutiny and discussion of treaties.

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Tesseract and Choice of Law in Arbitration under the Model Law: Beyond Proportionate Liability

Kluwer Arbitration

The parties agreed to refer a question of law to the Supreme Court of South Australia on whether those proportionate liability statutes applied to a commercial arbitration under the Commercial Arbitration Act 2011 (South Australia) (“SA CAA”) ( a statute largely mirroring the Model Law ).

Import 52
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Pakistan’s Draft Arbitration Bill 2024: Change After 84 Years?

Kluwer Arbitration

However, these judgments arose in the context of enforcement of foreign arbitral awards under a 2011 statute implementing the New York Convention (“2011 Act”). The Bill does not affect the 2011 Act which will continue to apply to foreign awards and arbitration agreements. domestic arbitration).

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ADR in the Blockchain Ecosystem: A Primer

Kluwer Arbitration

ADR Solutions in Blockchain Disputes Tailor-made Dispute Resolution The flexibility afforded by ADR mechanisms – as a consequence of the importance placed on party autonomy in ADR – lends itself well to the resolution of blockchain disputes. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. 3d 53 (2d Cir. ↑ 2 Art.

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2023 Year in Review: A Transformative Expedition of Arbitration in Africa

Kluwer Arbitration

The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. Moreover, the rarity of successful challenges under Section 68 of the EAA amplifies the importance of this judgment.

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Stamping Out The Uncertainty – The Supreme Court’s Way Forward For A Modern And Efficient Arbitration Regime For India

Kluwer Arbitration

Building off this experience, the SIAC Secretariat conducted an empirical study with respect to the performance of SIAC Awards in India from 2011 to 2022. Importantly, no SIAC award was set aside or refused enforcement in India between 2011 and 2022.