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Aircraft Leasing Contracts in the Pandemic Era: Navigating the Challenges of Invoking Force Majeure by Applying Hardship under International Commercial Law

An online article by Tanya Agarwal (L.L.B. student at Amity Law School, Delhi)* PDF version is available here. Most aircrafts are acquired through leasing agreements where the financial burden is placed on the lessor through financing of heavy equipment in…

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Reflections on Nigeria v. Process & Industrial Developments Limited

Following an unprecedented ruling by an English High Court on an application in the Nigeria v. Process & Industrial Developments Limited (P&ID) case granting Nigeria an extension in time to bring challenges under sections 67 and 68(2)(g) of the English Arbitration Act 1996 (“the 1996 Act”), this article reflects on the implication of the public policy elements of fraud relied on by Nigeria. The article interrogates the reasoning behind the Court’s decision, especially the allegations of fraud in the procurement of the underlying contract - a Gas Supply and Processing Agreement (‘GSPA’). The article also explores themes of economic justice arising from Nigeria’s reliance on fraud as a basis for challenging the arbitration award. Drawing on a recent decision of the Mozambique Constitutional Council over illegally procured commercial loans, the article argues that there are parallels and opportunities for learning between the two cases, especially relating to the role of civil society organisations (CSOs) in holding public officials accountable and exposing fraudulent deals with corrupt foreign officials. The reflection concludes with some thoughts about ongoing debates in Nigeria over whether adopting a national arbitration policy constitutes a viable option for reducing dependence on foreign courts and arbitration tribunals as forums for settling disputes with foreign investors.
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China’s Rule of Law Development: The Increasing Emphasis on Internationalization of Legal Standards and the Horizontal Rule of Law

PDF Version available here. Martin Kwan* I. Introduction Professor Frank He, in his thought-provoking article “(Non)legality as Governmentality in China,” argues that “China remains far from a rule-based society,” and that the rule of law may not be China’s ultimate goal…

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