Remove 2013 Remove Corruption Remove Thresholds
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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

Arbitral Practice and Disclosure Obligations Saint-Gobain v Venezuela (2013) and Ghana v Telekom Malaysia (2004) , when analysed together, demonstrate the impermissibility of double hatting only when the dual role is played simultaneously involving the same party. under the UNCITRAL Rules).

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Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’.

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Ascendancy of Institutional Arbitration in the Gulf: Abu Dhabi Adds New International Arbitration Centre

Kluwer Arbitration

Founded in 1993, ADCCAC offered case management services, hearing rooms, and a set of arbitration rules that were last updated in 2013. The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million in value.

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Enforcing Interim Awards in Pakistan – Finality or Binding?

Kluwer Arbitration

SA Minerals Ltd , 12-CV-8087(CM) (SN), 2013 WL 2661037 (S.D.N.Y. June 12, 2013), a U.S. The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. In CE Int’l Res. Holdings LLC v. This is consistent with Sperry Intern.

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Fresh off the Press: The Latest arbitrateAD Rules

Kluwer Arbitration

For arbitrations that continue to contain references to an ADCCAC arbitration clause, Article 53(2) of the arbitrateAD Rules clarifies: The ADCCAC Rules 2013 will apply to any pending arbitration commenced before 1 February 2024. These provisions in the arbitrateAD Rules helpfully clarifies their application. million) under the SCCA Rules.

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Tackling Corruption in the Arbitral Process: Reflections on Nigeria v Process and Industrial Developments Limited

Kluwer Arbitration

There is a very high threshold for a Section 68 challenge. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

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Seeking a Stay of My Own Setting Aside Application: An Unorthodox Predicament

Kluwer Arbitration

Background Facts In January 2013, the Defendant contracted to purchase shares in a company from the Claimant in two tranches. Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to public policy.

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