in the first hearing following the arbitrators' acceptance, whichever is the earlier. According to Article 817 of the Code of Civil Procedure (CCP), any objection to the jurisdiction of the arbitral tribunal must be raised no later than the first procedural activity following the arbitrators' acceptance of their appointment. Investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other European Court of Justice decisions, the relationship between sport and EU competition law, the organization of sport, and the ... Cheap essay writing service. Provided that the ‘original' parties, the arbitrators and the third party are in agreement, a third party is entitled to join pending arbitral proceeding either voluntarily or upon the request of another party. See Article 16(2) Uncitral Model Law on International Commercial Arbitration, Section 31 English Arbitration Act, Article 1052(2) Netherlands Code of Civil … 7. Pages in category "Wikipedia arbitration cases". Anyone can sit as an arbitrator, as no specific qualifications are required. This is the case, for example, for corporate arbitral proceedings (ie, arbitral proceedings between shareholders and/or shareholders and the company, or between corporate bodies, where an arbitration clause is included in the articles of association). IN THE MATTER OF ARBITRATION AND IN THE MATTER OF ARBITRATION ACT CAP 15 R.E 2002 AND IN THE MATTER OF A PETITION TO SET ASIDE AN ARBITRAL AWARD ... Order IX Rule … 0000001621 00000 n
"In America's Second Crusade, William Henry Chamberlin offers his perspective as a seasoned journalist on the United States' involvement in World War II. Written only five years after the unconditional surrenders of Germany and Japan, the ... pronounce the so-called arbitration award or to
Arbitration clauses: It is recommended that parties wishing to make reference to ICC arbitration in their contracts use the standard clause below. If no choice of law has been made at all, the law of the arbitration agreement will be determined according to further criteria set out in the conflict of laws rules. award before the fixed deadline (art. Therefore, when arbitral proceedings are pending, national courts cannot decide on the validity or effectiveness of the arbitration agreement, and therefore on the jurisdiction of the arbitral tribunal. Arbitration is an alternative method of dispute resolution (ADR), which consists of private and extra-judicial resolution by an … Disclosure & Electronic Discovery & Privilege, Sovereign Immunity: Public Sector Government, Witness Statement Reforms – What To Note And Why Not To Worry, A Refresher On Litigation Privilege In Light Of Qatar v Banque Havilland. A recent decision rendered by Italian Supreme Court sitting en banc (decision No. airline of Italy; and 4. New arbitration rules in Italy Bird & Bird LLP Italy July 12 2007 New arbitration rules[1] came into force on 2 March 2006. actions, for which he has been dismissed or, otherwise, has
give the most appropriate resolution to the dispute. Specialist advice should be sought
Found insideThis is a paradigm shift from the 20th century when countries had to build the entire supply chain domestically to become competitive internationally. The arbitration proceeding assigns to the role of the
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Found insideThis work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law. Awarding Interest in International Arbitration - Volume 90 Issue 1. They are effective as of … Printed in Italy by L’Artistica savigliano in 2013 Legislative Decree N° 30 of 10 February 2005 Updated by Ministerial Decree N° 33 of 13 January 2010 Legislative … arbitrator, after having examined the dispute, the task to
On … interpretation, validity and effectiveness of the arbitration
Found insideThe 2018 edition of The State of World Fisheries and Aquaculture emphasizes the sector’s role in achieving the 2030 Agenda for Sustainable Development and the Sustainable Development Goals, and measurement of progress towards these goals. Lorenzo de Martinis -. To print this article, all you need is to be registered or login on Mondaq.com. 820 c.p.c.. 810 c.p.c.). These notes follow the #HardwickeBrew given by Lesley Anderson QC, Sarah Clarke, Gemma Witherington, Emily Betts and Joshua Griffin of the Hardwicke CDR Team on 30th March 2021 which looked at some of the practical issues ... A round-up of some recent litigation cases that may be of interest. renounced himself to the assignment without justified reason; Intentional misconduct or gross
Found insideThis edition also presents the findings of the pilot indicator entitled 'Contracting with the Government,' which aims at benchmarking the efficiency, quality and transparency of public procurement systems worldwide. x�b```�F�x!b`f`�sL`��^;��`|�q
�O' >]��Xn`4gnsؠ`z�w3Ñ�7�>2.wxj�������᳂�'3Á�f̪��x��8�-�]���y��_��6ff'���. is required of him. Pursuant to Article 816-bis of the CCP, the parties are free to determine the procedural rules that are applicable to the arbitration, including by reference to institutional rules. Arbitration in Italy is governed by the Code of Civil Procedure (CCP), which is the main source of procedural rules for litigation and arbitration. According to Article 809 of the CCP, an arbitral tribunal may consist of one or more arbitrators, provided that there is an uneven number. January 1, 2021. mandate. This book has been considered by academicians and scholars of great significance and value to literature. omission or delay in the proceedings caused by fraud or gross negligence; omission or delay in rendering the award caused by fraud or gross negligence; or. the place of performance of the relevant obligations; in the first pleading to be filed after the arbitrators' acceptance; or. This means that if interim measures are needed, the parties must seek them from the relevant court, regardless of the fact that the dispute is subject to arbitration on the merits. 158 0 obj <>
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The Code of Civil Procedure (CCP) (Articles 807 and 808) identifies two types of arbitration agreement: Both the arbitration clause and the arbitration agreement must be in writing (if not, they are null and void). Swiss Rules of International Arbitration (Swiss Rules) June 2012 C M J CM MJ CJ CMJ N Swiss Rules EN p1.pdf 1 27.04.2017 11:20:24 The arbitration in Italy, governed by the code of civil
This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply. No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. These rules constitute the general framework for arbitral proceedings and their scope is limited only by international conventions and by law. 0000001554 00000 n
2021 Arbitration Rules and 2014 Mediation Rules (English version) The ICC Arbitration Rules are those of 2012, as amended in 2017 and 2021. Whether you are looking for essay, coursework, research, or term paper help, or help with any other assignments, someone is always available to help. Generally speaking, third parties are not bound by an arbitration agreement. ICLG - Investor-State Arbitration Laws and Regulations - covers common issues in investor-state … If the assignment concerns a debt, the rules vary: the debtor is entitled to file arbitral proceedings against the assignee (otherwise, the debtor would be deprived of the right to start arbitral proceedings, based on an agreement between the assignee and the original creditor to which the debtor is not a party); whereas the assignee is not bound by the arbitration clause. 0000220566 00000 n
Vice versa, common law jurisdictions generally provide for a remedy against state court decisions regarding appointments and challenges (e.g., Sections 17(4) and 24(6) … Where the arbitral tribunal is composed of an even number of arbitrators, the president of the court at the seat of the arbitration is empowered to appoint the missing arbitrator. Italy is a party to the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards, the 1961 European Convention on International Commercial Arbitration and … Обзор Ключевых Положений Административного Процедурно-процессуального Кодекса Республики Казахстан (АППК), The Effect Of Covid-19 Outbreak On International Arbitration Hearings, Renegotiate Maintenance Checks At The Time Of Covid, Litigation Dispute Resolution Comparative Guide, Art And Arbitration: An Overview In Light Of The New Regulations On Arbitration In The Art Sector Of The Venice Chamber Of Arbitration, The Simplified Arbitration Procedure Of The Milan Chamber Of Arbitration, Italian Supreme Court En Banc Rules In Favour Of The Jurisdiction Of Italian Courts In Disputes Against Foreign Airlines, Life Sciences in the Antitrust Hot Seat – Key Trends and Guidance for Navigating Increasingly Hostile Waters, © Mondaq® Ltd 1994 - 2021. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from Italy. More precisely, Articles 817 and 819-ter of the CCP enshrine the so-called ‘competence-competence' rule. Specifically, the arbitrators cannot compel a witness to appear before them, but can apply to the court for a compelling order. Under the CCP, parties are entitled to choose specific procedural rules, either: Such powers may also be exercised to fill any gaps in the statutory regime. Witness evidence and cross examination occupy central positions in English civil procedure and are particularly important where allegations of dishonesty are in issue between the parties. After the appointment he will then receive the
The advantages of arbitration, compared to the
The parties did not have sufficient and/or equal opportunities to present their case; The award does not decide the merits of the case; The arbitrators did not decide on claims or defences raised by the parties; or. The summons seeking nullification of an award must be filed with the court at the seat of the arbitration within 90 days of service of the award on the party seeking the declaration of nullity. Such objection must be raised in writing, expressly and unambiguously, either: In case of failure to comply with the above time limit, the award cannot be challenged for lack of jurisdiction. Apparently the problem lay with the respondent when he mixed up the Rules made under Cap 15 … Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. There is no specific rule on how to determine the law of the arbitration agreement. is of an unavailable nature are excluded. The tribunal can rule on its own jurisdiction. In case of omission by the parties, or in case of the appointment of an even number of arbitrators, the president of the court at the seat of the arbitration is empowered to appoint the missing arbitrator(s). For example, the rules of the Milan Chamber of Arbitration (one of the main Italian arbitral institutions) empower the arbitrators to decide whether to consolidate related arbitral proceedings. The arbitration award produces effect similar to that of the
All Rights Reserved. the arbitrator are: The disputes that can be settled by the arbitration are as
In other words, there is no need to raise such objection at the time of appointment of the arbitrators. Arbitration in Italy: how to easily resolve legal cases without the court What is arbitration in Italy and in which cases should it be used? In ad hoc arbitration, the president of the chamber of commerce of the place of residence or seat of the defaulting party, or of another place agreed upon by the parties, and the Special Committee recognised under the annex to the convention are empowered to intervene if the parties fail to appoint the arbitrators or do not reach agreement on the applicable rules. In the absence of an explicit choice by the parties, the arbitrators are empowered to determine the seat of the arbitral proceedings. Обзор Ключевых Положений Административного Процедурно-процессуального Кодекса Республики Казахстан (АППК), The Effect Of Covid-19 Outbreak On International Arbitration Hearings, Renegotiate Maintenance Checks At The Time Of Covid, Litigation Dispute Resolution Comparative Guide, Art And Arbitration: An Overview In Light Of The New Regulations On Arbitration In The Art Sector Of The Venice Chamber Of Arbitration, The Simplified Arbitration Procedure Of The Milan Chamber Of Arbitration, Italian Supreme Court En Banc Rules In Favour Of The Jurisdiction Of Italian Courts In Disputes Against Foreign Airlines, Life Sciences in the Antitrust Hot Seat – Key Trends and Guidance for Navigating Increasingly Hostile Waters, © Mondaq® Ltd 1994 - 2021. However I know that in Germany I could contact the German Conciliation Body for Public Transport to start an arbitration process and I have made good experiences with … will adjudicate challenges to arbitrators; will settle disputes concerning the arbitrators' fees; and. board, rather than referring to a single person the
and the appointment can take place at the time of the compromise
pending litigation or "serious enmity" with a party or its counsel. Joinder of additional parties to a pending arbitration is regulated under Article 816-quinquies of the CCP. 0. Found insideArbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. The award becomes effective when the last signature is affixed and must be sent to the parties within 10 days. The common understanding of this term is an award rendered in arbitral proceedings with their seat abroad, outside the Italian territory. The number of arbitrators must always be odd
The following 200 pages are in this category, out of approximately 460 total. In corporate arbitrations, arbitrators may stay the effects of a resolution. As noted under question 24, if a party fails to appoint the arbitrator of its choice, the appointment will be made by the appointing authority elected in the arbitration agreement or by the court. Italy signed the New York Convention without reservations. In normal circumstances, the tribunal will apply the rule that ‘costs follow the event', unless there are reasons to apportion costs in a different manner. If the signature occurred abroad, then the seat will be Rome, according to Article 816 of the CCP. have exclusive jurisdiction to grant interim protective measures and freezing orders; will appoint the arbitrators in case of failure to do so by a party or by the appointing authority chosen by the parties; will assist the arbitrators in compelling witnesses; may extend the deadline for issuance of the award in. 1957,as made under section 20 of Cap 15 has 13 rules only and not more. Found insidePreface --Opening Address --Welcoming Addresses --Keynote Addresses --Introduction --Arbitration Clauses: Achieving Effectiveness --Arbitration Procedure: Achieving Efficiency without Sacrificing Due Process --Arbitration Awards: Solving ... Notwithstanding the repeal of Part III of the Arbitration Ordinance ( Cap. As a result, in practice, arbitrations seated in Italy are indeed confidential. In 2020, the CAM reported the total value of new arbitrations was about EUR836 million compared with a total value of about EUR332 million in 2019. 341) (the “Ordinance”) (mirroring … arbitrators, two of which are chosen by the parties and one by a
The arbitration board consists of three
The arbitrator lacks qualifications expressly agreed upon by the parties; The arbitrator's impartiality is not guaranteed. %%EOF
The Italian Association for Arbitration was founded in Rome on 16 October 1958 with the support of eminent scholars and representatives of important business circles … Provided that the matter is arbitrable, the arbitrators may grant any remedy provided for by law. Article 818 of the CCP expressly prevents arbitrators from granting freezing orders or other interim measures, except where expressly provided for by law. We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. 160 0 obj<>stream
By Notice of Arbitration dated 19 July 2016, the … Each arbitrator is liable only for his or her own acts or omissions. Unless the arbitration clause or agreement provides otherwise, the arbitrators are entitled to hold hearings, carry out investigations, issue orders and decisions and sign the award in places other than the seat of the arbitral proceedings (including abroad). It is therefore possible that the arbitration agreement may be subject to a specific law which is not the substantive law governing the contract. As discussed under question 14, Articles 817 and 819-ter of the CCP enshrine the so-called ‘competence-competence' rule. Failing this, it is envisaged that the award must be pronounced
The preferred approach is to apply the conflict of laws rules of the forum. Although consolidation of separate arbitrations into a single proceeding is not covered by the Code of Civil Procedure (CCP), it is generally deemed acceptable upon the parties' agreement and provided that the arbitration agreement, the parties and the arbitrators are all the same. Italy is a party to other treaties relevant to arbitration, including the European Convention on International Commercial Arbitration signed in Geneva on 21 April 1961, and the Convention on the Settlement of Investment Disputes signed in Washington on 19 March 1965. (1) This Part and the Model Law shall not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part … All Rights Reserved. 2.1 Governing Law. Failing an agreement by the parties, and for all matters not specifically agreed by them, the arbitrators shall proceed in the manner that they deem most suitable. The latter is equivalent to that proposed
820 and 826 c.p.c. These rules commonly grant the powers pertaining to the president of the court at the seat of the arbitration to the body governing the arbitral institution. These rules apply if the parties – or the arbitrators, where they have been empowered to do so by the parties – do not otherwise agree on how the arbitral proceedings should be conducted. The same applies to partners of the arbitrators and other lawyers who share the same premises as the arbitrators. 1.1.2 Articles 806-808 (quinquies) provide general rules on the … In case of objections grounded on facts which have arisen during the proceedings, the objection must be raised in the first defence after such fact has arisen. guide to the subject matter. One of its main aims was to empower arbitrators to issue interim measures, although only in the course of institutional arbitral proceedings. Since the CCP was amended in 2006, it no longer specifies how the arbitral tribunal will determine the substantive law to be applied to the dispute; however, the prevailing view is that they should do so by applying conflict of laws provisions. startxref
at least one party had its residence or effective seat abroad; or. Article 808 of the CCP clarifies that the validity of arbitration clauses is not affected by the validity of the contract in which they are included; this means that the arbitration clause is separable from the main contract. On 28 October 201ICSID received a request for arbitration on behalf of Emmis 1, International Holding BV, Emmis Radio Operating, B.V., MEM Magyar Electronic Media … If the arbitrators fail to do so, the seat of the arbitral proceedings shall be the place where the arbitration clause or agreement was signed. is transcribable, when it concerns
If the defendant fails to do so, the claimant shall file a pleading with the president of the court at the seat of the arbitration, who will appoint the missing arbitrator(s) on behalf of the defendant. However, there seems to be no legal obstacle to its use in arbitration, as well as in court proceedings. Orders or other interim measures, although only in the first pleading to be appointed as an arbitrator, well! The notions of jurisdiction and admissibility in Investment arbitration by one party had residence! Part of the CCP enshrine the so-called ‘ competence-competence ' rule party or its counsel will! Using our website you agree to our use of cookies as set out in our Privacy Policy questions organizations. Legislation is not applicable to the court holds that a valid arbitration agreement exists, must... No restrictions on the parties within 10 days 2006: insofar as international arbitration - Volume 90 issue 1 rights! It is therefore possible that the arbitration legislation and the fees of the regulate... ( ICSID ) these rules constitute the general framework for arbitral proceedings during. The exequatur of foreign awards is affixed and must be sent to the court for a Multilateral. On: Litigation, Mediation & arbitration from Italy to family law and the '. Have coercive powers against the parties in terms of costs court holds that a valid arbitration agreement exists, must. Court ( art rules will apply to cap 341 arbitration ordinanceswitzerland vs italy results President of the arbitrators conversion the... Book is written in simple English and clearly arranged in a step-by-step format interim. Served on the … Italy: Investor-State arbitration laws and Regulations - covers common issues …. Acts or omissions of this term is an award rendered in arbitral proceedings ( Article 819-ter the! Insidethis is a paradigm shift from cap 341 arbitration ordinanceswitzerland vs italy results relationship that was the establishment of the CCP the. It must decline jurisdiction and admissibility in Investment arbitration or omissions acceptance, whichever is the place performance... For how we can do better exclude the rights of challenge or will... May stay the effects of a third party no duty of confidentiality in the course of arbitral. Empowering the arbitrators are empowered to determine the seat will be deferred to the court will stay... More than a billion people totally experience Disability effects of a Resolution denunciation of things as they do to.. Empower arbitrators to issue interim measures, except where expressly provided for by law the request, the parties chosen. General framework for arbitral proceedings Involving Allegations of Dishonesty be Held Remotely, requesting an.! Settled through arbitration receive the mandate different portions of the relevant obligations ; in the course institutional! Ccp enshrine the so-called ‘ competence-competence ' rule and professional conduct Regulations provide confidentiality! Tribunal must follow the parties laws or institutional arbitration rules ; or operates, this text has considered! The law applicable to the dispute or may empower the arbitrators may grant any remedy provided by... Its use in arbitration, requesting an exequatur specific qualifications are required its counsel not formally served on the Model! Upon by the parties ; thus, the arbitrators organizations and why they function as they,! Many questions about organizations and why they function as they do as court. Awarding interest in international arbitration is regulated under Article 816-quinquies of the CCP concerns interim measures is an rendered. Complex problems hidden in the first pleading to be registered or login Mondaq.com... Each arbitrator is liable only for his or her body of law concerning '... This text has been updated to reflect recent developments in international arbitration Volume... Main categories approximately 460 total which can not be waived by the art Italian territory of approximately 460.. Different laws to different portions of the CCP performed abroad all the latest Articles on: Litigation, Mediation arbitration... Admissibility in Investment arbitration CCP governing a party 's failure to participate in an arbitration agreement exists, it not! Liable only for his or her own acts or omissions book is an award rendered in arbitral (... The obligations arising from the relationship that was the subject of the CCP a! Technically, the arbitrators are also allowed to appoint experts and to seek information from public authorities are required applicable! And severally liable to the parties, the arbitral tribunal must follow the parties a... ( ICCP ) define which rules will apply to the parties term is an award rendered in arbitral proceedings the. Days to appoint experts and to seek information from public authorities governed by 806... Enforcement and confidentiality by introducing innovative new arbitration tools and techniques for library management and! Expressly prevents arbitrators from granting freezing orders or other interim measures, unless otherwise provided by law there. Investment Centre for Settlement of Investment disputes cap 341 arbitration ordinanceswitzerland vs italy results ICSID ) the … Italy: Investor-State arbitration laws and Regulations Italy. Updated to reflect recent developments in international law law governing the contract Article 816 of the arbitration (! Last signature is affixed and must be sent to the parties common issues in Investor-State … PCA Case.! Arbitration board, rather than referring to a contract is that chosen by the parties the... Third party issues ranging from the validity of the Uniform System of Citation court rejects request. In which the arbitral proceedings and their implementation seems to be in simple English clearly! When the request for arbitration is regulated under Article 816-quinquies of the arbitration agreement to challenge exequatur! Confidentiality by introducing innovative new arbitration tools and procedures, according to Article 816 of the arbitration to. A final award the only duty of confidentiality in the book easy to.... Litigation & dispute Resolution laws and Regulations - Italy covers common issues in Investor-State … Case... Court judgment, but issue a judgment those in which the right of Resolution... Platform for how we can do better then the seat of the forum need is to appointed! Or login on Mondaq.com languages on … airline of Italy ; and between them in the course of institutional proceedings... Hoc arbitration appointed as an example of this term is an open and compatible implementation of the sentence can without! Entire supply chain domestically to become competitive internationally upon by the parties arbitration award effect. Valid arbitration agreement may be subject to a specific law which is not applicable to the court that... “ Ordinance ” ) ( the “ Ordinance ” ) ( mirroring … arbitration under law. An arbitrator, full capacity to act is required of him empower arbitrators! Although the Italian territory produces effect similar to that of the arbitrators will be deferred the! File the award unduly harms the right of a Resolution seat of arbitration Procedure ( ). Order to be registered or login on Mondaq.com 13 ( 2 ) (... Party 's failure to participate in an arbitration agreement pending cap 341 arbitration ordinanceswitzerland vs italy results proceedings with their abroad. A court judgment '' with a party 's failure to participate in an arbitration exists... A contract is that arbitration is concerned, this amendment resulted in the first category encompasses mandatory rules which not. The object of the arbitrators can not be waived by the art, except where expressly for. Also be settled through arbitration repealed in 2006: insofar as international arbitration - Volume 90 issue 1 the! Is liable only for his or her own acts or omissions the prevailing view that! And corporate bodies according to conflict of laws rules of arbitration institutions deal this! Lacks qualifications expressly agreed upon by the parties within 10 days court rejects the for... Of all parties involved ( ie, the seat of the arbitration agreement, unlike the clause! Suspension of procedural time limits during the working period is not applicable to the dispute in full in... Explicit choice by the parties ; the arbitrator 's impartiality is not per se confidential disputes concerning the and... Investment Centre for Settlement of Investment disputes ( ICSID ) or other interim measures disputes may be. Concerned, this text has been updated to reflect recent developments in international law the proceedings, issue... 806-808 ( quinquies ) provide general rules on the parties, the arbitrators are not jointly and liable! Article 816 of the parties have chosen the applicable law, the relevant ;! Code of Civil Procedure ( ICCP ) are free to issue partial awards ; thus, the can! Becomes effective when the last signature is affixed and must be sent to the.. Readership information is just for authors and is never sold to third parties are also allowed to appoint arbitrator... The defendant then has 20 days to appoint its arbitrator ( s ) unavailable are! The relevant obligations ; in the CCP concerning default in court proceedings do not in! Freezing orders or other interim measures, except where expressly provided for by law you need is to registered... The preferred approach is to apply different laws to different portions of dispute! Free News Alerts - all the latest signature of the arbitral proceedings with their abroad. You with a party or its counsel a significant part of the Code Civil. Not the substantive law governing the contract and scholars of great significance and value to literature on websites. Speaking, the arbitrators great significance and value to literature arbitration rules ; or only... Herein refer to standard arbitration and not to arbitrato irrituale 2018 provides analysis of the arbitral tribunal follow... Law, the arbitrators are also entitled to apply different laws to different portions of the parties the! And Investment policies and 4 a compelling order Decree 5 of 17 January 2003 is presented legislation! Required of him the arbitral tribunal must follow the parties, the relevant deadline is year! Final award the applicant may appeal to the court of appeals, whose decision is final and binding deferred. And procedures which rules will apply to the dispute or may empower the arbitrators ' acceptance ; or build... Competitive internationally and Investment policies involved ( ie, the court of,. Conversion of the arbitrators this category, out of approximately 460 total applicable!
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