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Gold/Mining/Energy : PAW - Pacific Wildcat Resources Corp
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To: longz who wrote (3341)10/25/2018 12:30:41 PM
From: Rocket Red  Read Replies (1) of 3422
 
should lead to the annulment of the award.



8. The provision in the ILC Draft read as follows:
(1) The validity of an award may be challenged by either party on one or more of
the following grounds:


(a) That the tribunal has exceeded its powers;


(b) That there was corruption on the part of a member of the tribunal;


(c) That there has been a serious departure from a fundamental rule of
procedure, including failure to state the reasons for the award.

9. During its deliberations, the ILC debated the scope of specific grounds, including whether
an excess of jurisdiction might warrant annulment, while misapplication of the law would
not.


12
Ultimately, the ILC Draft made no attempt to define what conduct each ground
would cover, with the exception of the express reference to the “failure to state the reasons
for the award” as an example of a serious departure from a fundamental rule of procedure.
13
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