Remove 2014 Remove Corruption Remove Thresholds
article thumbnail

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’.

article thumbnail

Arbitrator’s Bias as a Ground for Challenging a Foreign Award: The Indian Perspective

Kluwer Arbitration

In September 2014, a three-member arbitral tribunal issued the final award (“ Award ”) directing Avitel, its founder, and directors (“ Award Debtors ”) to pay USD 60 million as damages to HSBC. However, HSBC subsequently discovered that the invested money was siphoned off to different companies which led to the arbitration.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Arbitration Agreements and Insolvency Proceedings: Comparing the Pro-Arbitration Perspectives in Singapore, the United Kingdom, and India, and Calling for International Consensus

Kluwer Arbitration

Altomart Limited [2014] WLR(D) 536 (“ Salford ”) at [41]. Altomart Limited [2014] EWCA Civ 1575 and reiterated by the High Court of Justice in Telnic Ltd v. Altomart Limited [2014] WLR(D) 536 (“ Salford ”) at [41]. 2) Limited v. and discourage parties from bypassing arbitration by presenting winding up petitions. 2) Limited v.

article thumbnail

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

Kluwer Arbitration

To provide a brief overview, in 2014, an arbitral tribunal seated in The Hague found that Russia had unlawfully expropriated Yukos’ assets in breach of the Energy Charter Treaty (“ ECT “) and awarded more than US$50 billion in damages to the Shareholders. and England.

article thumbnail

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

Kluwer Arbitration

Al-Warraq v Republic of Indonesia , UNCITRAL, Final Award (15 December 2014), para. To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced.

article thumbnail

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52
article thumbnail

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52