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Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. Rightly or wrongly there is always room for an uneasy fear that there might have been some improper influence affecting the mind of the judge where he lacks independence. The principle is far too important to allow it to be passed over [….]”
During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth.
The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. The Notion of “Control” under UK Sanctions Law Mr. Bureiko provided insights into the Sanctions and Anti-Money Laundering Act (2018) , focusing on asset freeze sanctions.
On 2 February 2018, Sellers were given permission to obtain possession of the Goods and then sold them to a related third party. The date of default was 2 February 2018 when Sellers obtained possession of the Goods and could sell them. Contractual terms The standard Gafta default clause, as incorporated, provides: “DEFAULT.
The Law: Enforcement Procedures and Conditions A key change was introduced to the procedure for the enforcement of foreign awards in 2018. In December 2018, the Implementing Regulations of the Old CPL were issued through Ministerial Cabinet Resolution No. 57/2018 (“ Regulations ”) introducing new procedures.
She was also named by the National Law Journal as a 2018 ADR Champion. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Vitaly Ivanovich Smagin , No.
However, since the first reported LNG price review arbitration arose out of Asia in 2018, there has been a growing number of instances of such price reviews proceeding to arbitration. LNG Price Reviews in Asia Versus Australia Historically, LNG price reviews in Asia were compromised and settled.
These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027. Its focus on sustainability, transparency, and problem-solving represents a new approach that could influence the future of investment agreements worldwide.
It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).
6 on 2018 on Arbitration , the UAE Federal Arbitration Law (“ FAL ”), introduced by Federal Decree Law No. 6 of 2018 on Arbitration) (“ Amendment Law ”), give rise to concerns that in an endeavour to improve certain provisions of the FAL, the UAE legislator has focused on the wrong ones. Recent amendments to Federal Law No.
Background As reported here , the underlying arbitration was brought in 2018 by pension fund Fundação Petrobras de Seguridade Social (“Petros”) against Mosaic Fertilizantes P&K LTDA (“Mosaic”), under the auspices of Centro Brasileiro de Mediação e Arbitragem (“CBMA”).
South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. From 2009 to 2017, a total of 21 international arbitrations were registered.
Typical examples are contracts in a supply chain where the determination that the goods delivered to the final customer are non-conforming may influence the dispute between the seller and its supplier. The last three years, after taking over the chairmanship at the DIS have been challenging. Past interviews are available here.
GAO found that DoD reviewed an average of only 40 M&A transactions per year from FY 2018-2022, while it was estimated that approximately 400 such transactions occur annually. Section 862 amends the Small Business Act, specifically 15 U.S.C.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). He explained that the ICJ (or “World Court”) has referred to ISDS cases only in very few instances.
I vividly remember when I gave the keynote speech on “ International Arbitration 3.0 – How Artificial Intelligence Will Change Dispute Resolution ” at the Vienna Arbitration Days 2018. At the time, people were quite skeptical about the topic, but apparently intrigued enough to select it at the GAR awards as the best lecture of the year.
SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. billion in 2018. Gloria Lim , CEO of SIAC, and Ms. The total sum in dispute with Philippine parties in 2021 was USD 1.9
This resulted in a 2018 award that ordered Ecuador to pay 88% of the consortium’s liquidation value for the termination, excluding Petromanabi, a state-owned company that was a member of the consortium, with a 12% share, as it did not participate in the proceedings. Ecuador) in 2014.
Global Perspectives: The Influence of Californias Consumer-Protection Approach Californias pro-consumer stance is not unique to the U.S. This stance not only shapes arbitration practices within California but also influences broader trends in consumer contract disputes. Best Travel Ltd [1993] 1 All E.R.
After an award was issued against it on July 31, 2015, Usimec sought its annulment, claiming that the translator’s lack of independence and impartiality led to the Sole Arbitrator being influenced by unreliable evidence.
French courts reviewed fewer investment treaty awards in annulment and enforcement proceedings, and this is the first time since 2018 that the annulment rate is null. Investment Arbitration: An Idle Year While previous years have shown that investment law was an important take of French courts caseload, this year marks a decline.
The question therefore was whether this final vote was the result of illegitimate government influence; however, the majority concluded that there was no evidence on the record that leads to this conclusion (Award, para. All claims were ultimately dismissed by the majority.
While these differences may not always dictate case outcomes, they can influence party preferences and strategies when selecting a seat of arbitration. Since its establishment in 2018, TIAC has handled nearly 70 cases involving parties from Uzbekistan and beyond.
39(4) 2018 DIS Arbitration Rules ). However, given that it expressly acknowledges the influence of Article 31(1) Model Law, one might have hoped for at least an attempt to identify other jurisdictions views on the rationale behind this provision and its corresponding national laws. 34(4) 2021 UNCITRAL Rules , Art.
On 27 November 2018, the Conference approved a list of topics for the negotiations on the modernisation of the ECT. However, future technological and policy developments in the energy sector may influence the landscape of investment disputes. At present, with the information available, it is challenging to identify specific trends.
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