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European Court of Auditors publishes report on public procurement

Telles.eu

The European Court of Auditors published yesterday its report on EU public procurement between 2011 and 2021 , looking into the competition for public contracts covered by EU rules. We also note that some of the objectives of the 2014 reform may at times go against the overarching objective of ensuring competition in public procurement.”

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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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Is the Last Bastion of State Immunity Under Siege? Some Reflections on the English High Court’s Decision in General Dynamics v Libya

Kluwer Arbitration

Only then could the Court determine if such language met the threshold for a waiver of execution immunity under English law, the law of the enforcement jurisdiction. Here, Libya inadvertently agreed to its assets being attached to satisfy an adverse arbitral award.

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

Kluwer Arbitration

Interestingly, Article 11 has introduced “justifiable doubts” as the standard of disclosure which has its original basis in the UNCITRAL Arbitration Rules 2021. 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.

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

Kluwer Arbitration

Abu Dhabi’s Institutional Facelift Until the opening of the ICC Court of Arbitration’s fifth overseas case management office in the ADGM in 2021, the UAE’s capital hosted only one arbitral institution: the Abu Dhabi Commercial Conciliation and Arbitration Centre (“ ADCCAC ”). 34 of 2021 (“ Decree No. million in value.

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Public Policy Under Scrutiny by Spanish Courts: Pro-arbitration Approach Confirmed

Kluwer Arbitration

According to official statistics , between 2021 and 2022 the TSJM heard almost 40% of all annulment actions decided by Spanish Courts. This decision was followed by others issued in 2021 ( STC 17/2021 and STC 65/2021 ) and 2022 ( STC 50/2022 and STC 79/2022 ).

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The End of a Saga: Swiss Federal Supreme Court Upholds Clorox v. Venezuela Final Award

Kluwer Arbitration

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. In its decision 4A_398/2021 of 20 May 2022, the SFSC rejected the set-aside action, finding that Venezuela had failed to show that the restructuring was abusive. decision 4A_398/2021 of 20 May 2022, para.