Academic literature on the topic 'UNCITRAL( United Nation commission on International Trade Law)'

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Journal articles on the topic "UNCITRAL( United Nation commission on International Trade Law)"

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Mantilla-Serrano, Fernando. "Colombia Enacts a New International Arbitration Law." Journal of International Arbitration 30, Issue 4 (2013): 431–41. http://dx.doi.org/10.54648/joia2013027.

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By enacting Law 1563 of 12 July 2012, Colombia has established an international commercial arbitration regime based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The deviations which the Colombian legislature has made from the UNCITRAL Model Law are the subject of the present article.
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E. O’Malley, Peter. "A New ‘UNCITRAL Model Law on International Commercial Adjudication’: How Beneficial Could It Really Be?" Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 1 (2022): 34–60. http://dx.doi.org/10.54648/amdm2022003.

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The United Nations Commission on International Trade Law (UNCITRAL) has promoted Alternative Dispute Resolution (ADR) as an alternative to litigation, being the traditional method of resolving disputes. ADR has been primarily facilitated by UNCITRAL through two Model Laws, namely the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018). The Commission has discussed, and continues to discuss, the development of an additional UNCITRAL Model Law on International Commercial Adjudication, primarily for the international construction industry. This article seeks to discuss and consider what real benefit the introduction of a new UNCITRAL Model Law for International Commercial Adjudication could provide.
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Gautama, S. "Model UU Arbitrase Dagang Internasional dari PBB." Jurnal Hukum & Pembangunan 16, no. 6 (2017): 605. http://dx.doi.org/10.21143/jhp.vol16.no6.1235.

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UNCITRAL (United Nations Commission on International Trade Law), Panitia PBB tentang Hukum Dagang Internasional, pada tanggal 21 Juni 1985 telah menerima suatu Model Undang-undang tentang hukum Arbitrase Dagang lnternasional. Karya dari UNCITRAL ini dipandang sebagaipelengkap daripada UNCITRAL Arbitration Rules (Kaidah-kaidah Arbitrase dari UNCITRAL) dan UNCITRAL Conciliation Rules.
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Jonkman, Hans. "The Role of the Secretary-General of the Permanent Court of Arbitration Under the UNCITRAL Arbitration Rules." Leiden Journal of International Law 8, no. 1 (1995): 185–92. http://dx.doi.org/10.1017/s0922156500003204.

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On 28 April 1976, after a preparation period of three years, the United Nations Commission on International Trade Law (UNCITRAL) adopted by consensus the UNCITRAL Arbitration Rules. On 15 December 1976, the General Assembly of the United Nations recommended the use of these Rules, and requested the UN Secretary-General to arrange for their widest possible distribution.
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Wallace, Don. "UNCITRAL's hard non-law: the legal guide on drawing up international contracts for construction of industrial works." Leiden Journal of International Law 1, no. 1 (1988): 85–89. http://dx.doi.org/10.1017/s0922156500000704.

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In a matter of weeks or months, the United Nations will publish the Legal Guide on Drawing Up International Contracts for Construction of Industrial Works (‘Legal Guide’ or ‘Guide’). The preparation of the Guide had been formally decided upon by the United Nations Commission on International Trade Law (‘UNCITRAL’ or ‘Commission’) in 1981, and the completed Guide approved for publication by the Commission in August 1987 in Vienna.
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Gross, C. M. "News from the United Nations Commission on International Trade Law (UNCITRAL)." Uniform Law Review - Revue de droit uniforme 16, no. 4 (2011): 1014–23. http://dx.doi.org/10.1093/ulr/16.4.1014.

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Salasky, J. "News from the United Nations Commission on International Trade Law (UNCITRAL)." Uniform Law Review - Revue de droit uniforme 17, no. 4 (2012): 745–55. http://dx.doi.org/10.1093/ulr/17.4.745.

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Shami, Aurang Zaib Ashraf, Chand Ashraf, and Usman Asghar. "International Arbitration in Energy Disputes: Lessons from UNCITRAL Case Laws." ACADEMIA International Journal for Social Sciences 4, no. 1 (2025): 175–84. https://doi.org/10.63056/acad.004.01.0054.

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International arbitration is a critical mechanism for resolving energy disputes, offering a neutral and efficient means for addressing complex cross-border issues. This research examines the role of UNCITRAL (United Nations Commission on International Trade Law) case law in shaping arbitration practices within the energy sector. By analyzing key UNCITRAL arbitral decisions, the study identifies emerging trends, procedural challenges, and key lessons learned from past energy-related disputes. It explores how the UNCITRAL Model Law provides a flexible framework for arbitral tribunals, ensuring fairness and impartiality in the resolution of disputes involving multiple jurisdictions and diverse stakeholders. Additionally, the research highlights the importance of UNCITRAL’s influence in enhancing the enforceability of arbitration awards and promoting consistency in energy dispute resolution. Through the review of significant case studies, the paper evaluates practical implications related to the application of international law principles, including the enforcement of contracts, good faith, and dispute resolution strategies. The study offers valuable insights for legal practitioners, policymakers, and stakeholders in the energy sector, recommending potential improvements to arbitration processes to foster greater predictability and efficiency in resolving energy disputes.
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Gautama, Sudargo. "Beberapa Catatan tentang Arbitrase Dagang Internasional dari PBB." Jurnal Hukum & Pembangunan 18, no. 4 (2017): 321. http://dx.doi.org/10.21143/jhp.vol18.no4.1270.

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Seperti diketahui UNCITRAL (United Nations Commission on international Trade Law) telah mempersiapkan suatu Model Undang2 tentang Arbitrase Dagang lnternasional yang diterima pada sidangnya. di Wina bulan Juni 1985 dan kemudian dikuatkan dengan resolusi dari Sidang Umum PBB pada tanggal 11 Desember 1985.
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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (1997): 542–54. http://dx.doi.org/10.2307/2954191.

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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.
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Dissertations / Theses on the topic "UNCITRAL( United Nation commission on International Trade Law)"

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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
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Andrade, Francisco Javier. "Contractual expansion of judical review of arbitral awards : an international view." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78197.

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In the last decade, parties to arbitration agreements have attempted to broaden the scope of judicial review of arbitral awards by contract, beyond the boundaries established in international and domestic arbitration statutes. This thesis analyzes this contractual expansion of judicial review from an international perspective. To this end, the standard of judicial review under the most important international instruments pertaining to commercial arbitration is examined: the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration. The study then addresses the question as to whether provisions for heightened judicial review of arbitral awards would be enforceable under the legislation of three major players in commercial arbitration: England, France and the United States. An analysis of the legitimacy of agreements that provide for expanded judicial review under the New York Convention and UNCITRAL Model Law follows. The thesis concludes with an assessment of the impact the mentioned clauses would represent for the institution of arbitration and its advantages.
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Weyulu, Victoria. "The Reform of Namibia’s Cross-Border Insolvency Framework." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4773.

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Magister Legum - LLM<br>This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border insolvency. The lack of literature on issues of crossborder insolvency belies the importance of cross-border insolvency in African developing countries like Namibia who seek to encourage trade and investment in the hope of achieving economic development. In the final section of chapter one, the paper will consider the Model Law as the basis needed to develop clear, fair and predictable rules to effectively deal with the various aspects of cross-border insolvencies in Namibia.
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Biukovic, Ljiljana. "Court intervention in arbitral proceedings in countries adopting the UNCITRAL Model Law on International Commercial Arbitration, an impact of legal culture on reception : case studies of Canada, Hong Kong and Russia." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ48607.pdf.

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Barbour, Alan Norman. "Judicial respect for international commercial arbitration agreements in Canadian courts under the New York Convention and UNCITRAL model law." Thesis, 1996. http://hdl.handle.net/2429/4270.

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In Europe of the Middle Ages, there existed an autonomous regime of truly private international business law based upon the customs and usages of merchants, the Law Merchant, administered in lay tribunals. The courts and legislators usurped the jurisdiction of the lay tribunals, and subverted the Law Merchant to municipal law. Arbitration was similarly subverted to municipal courts and strict legal controls. The courts continued to guard their jurisdiction jealously into the 20th century, when nations came to realize the inadequacy of national legal systems for international business problems, and the desire of business to escape parochial legal concerns and municipal courts. Canada adopted the New York Convention and UNCITRAL Model Law in 1986, which maximize party and arbitral autonomy and restrict court interference with arbitration. These new laws would permit the resurrection of an autonomous regime of international commercial dispute settlement largely divorced from national law and court controls, if the courts cooperate. This thesis is the first comprehensive, up-to-date study (of which I am aware) of Canadian case law on arbitration in the context of the history of autonomous commercial dispute resolution from the its zenith in the Middle Ages through its nadir, to its present attempted resurrection. This thesis shows that the courts of Canada continue to guard their jurisdiction jealously, finding the means in old notions and precedents to justify their refusal to cede jurisdiction to arbitrators. The courts have ignored the policies underlying the new laws, have failed to apply international precedents and standards, and have continued to apply notions and precedents from an era hostile to arbitration.
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Books on the topic "UNCITRAL( United Nation commission on International Trade Law)"

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Nations, United. UNCITRAL: The United Nations Commission on International Trade Law. United Nations, 1986.

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United Nations Commission on International Trade Law. UNCITRAL: The United Nations Commission on International Trade Law. United Nations, 1986.

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Binder, Peter M. International commercial arbitration in UNCITRAL model law jurisdictions: An international comparison of the UNCITRAL model law on international commercial arbitration. Sweet & Maxwell, 2000.

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United Nations Commission on International Trade Law and Korea (South). Pŏmmubu. Kukche Pŏmmukwa, eds. UNCITRAL tambokwŏn ippŏp chich'im yŏn'gu. Pŏmmubu Kukche Pŏmmukwa, 2010.

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Law, Great Britain Department of Trade and Industry Departmental Advisory Committee on Arbitration. The UNCITRAL model law on international commercial arbitration: A consultative document. Department of Trade and Industry, 1987.

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Davidson, Fraser. International commercial arbitration: Scotland and the UNCITRAL model law. Green/Sweet & Maxwell, 1991.

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United Nations Commission on International Trade Law, ed. The UNCITRAL guide: Basic facts about the United Nations Commission on International Trade Law. United Nations, 2007.

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United Nations Commission on International Trade Law and United Nations Commission on International Trade Law, eds. Kukche sangsa chungjae chedo: UNCITRAL chungjae kyuch'ik mit p'yojunpŏp haesŏl. Pŏmmubu, 1992.

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Husslein-Stich, Gabriele. Das UNCITRAL-Modellgesetz über die internationale Handelsschiedsgerichtsbarkeit. Heymann, 1990.

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Kalavros, Kōnstantinos Ph. Das UNCITRAL-Modellgesetz über die internationale Handelsschiedsgerichtsbarkeit. Gieseking, 1988.

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Book chapters on the topic "UNCITRAL( United Nation commission on International Trade Law)"

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Sarmiento, Maria Gabriela, and Katia Fach Gómez. "The United Nations Commission on International Trade Law (UNCITRAL)." In The International Law of Economic Integration. Oxford University Press, 2025. https://doi.org/10.1093/law/9780192871626.003.0015.

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Abstract This chapter outlines the origin, mandate, and current composition of the United Nations Commission on International Trade Law (UNCITRAL). It also describes the key aspects of UNCITRAL organization and working methods, examining the main techniques adopted to achieve the modernization and harmonization of international trade law (ie legislative, contractual, and explanatory techniques). There is also reference to the case law on international trade and investment generated by UNCITRAL texts and the technical cooperation and assistance with law reform that UNCITRAL provides with the ultimate goal of fostering global economic integration. From a bibliographical perspective, the chapter is based on the plentiful official information available on the UNCITRAL website, official videos and documents, and a range of scholarly contributions that specifically refer to this organization.
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"UNCITRAL – United Nations Commission On International Trade Law." In A Concise Encyclopedia of the United Nations. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004180048.i-962.595.

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"UNCITRAL – United Nations Commission for International Trade Law." In A Concise Encyclopedia of the United Nations. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004481206_125.

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James E, Castello. "Part III Arbitral Rules, 17 The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules." In Practitioner's Handbook on International Commercial Arbitration. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198784807.003.0017.

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This chapter discusses the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), an institution tasked with harmonizing national laws and international commercial legal practices on a wide range of trade-related issues, from dispute resolution to international contract practices, international payments, secured transactions, procurement, and sale of goods. The chapter first provides background on the history of UNCITRAL before describing the initial adoption of the UNCITRAL Arbitration Rules, the Rules’ subsequent revision, and finally the creation of rules on transparency designed to supplement the Arbitration Rules in treaty-based investor-state arbitrations. The chapter concludes with its principal section: a Commentary on Articles 1–43 of the 2010 UNCITRAL Arbitration Rules, which covers topics ranging from scope of application of the Rules to notice of arbitration; designation of appointment authorities; composition of the arbitral tribunal; arbitral proceedings, including the appointment of experts by the arbitral tribunal; and decisions with regard to arbitral awards.
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Luca, Castellani, and Emery Cyril. "Part 1 General and Special Reports, 5 UNCITRAL: UNCITRAL Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0005.

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This chapter evaluates the relationship between the United Nations Commission on International Trade Law (UNCITRAL) and the Hague Principles. The UNCITRAL texts, starting with the early drafts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), have provided solid ground in support of freedom of contract. In providing a uniform model applicable to multiple jurisdictions, the CISG ensures a high level of safeguard of parties’ wills. In particular, the CISG promotes the well-established principle of party autonomy by virtue of its Article 6, which allows parties to the contract to opt out entirely of its provisions and hence to choose another law more appropriate to their needs. Given UNCITRAL’s desire to further facilitate use of the CISG by traders and in light of its focus on freedom of contract and party autonomy, it is not surprising that the UNCITRAL Secretariat took a particular interest in the development by the Hague Conference on Private International Law of the Principles on Choice of Law in International Commercial Contracts (2015) and the related Commentary. The chapter then looks at UNCITRAL’s endorsement of the Hague Principles.
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"Case law on uncitral texts." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook. UN, 1997. http://dx.doi.org/10.18356/6ebcb8b4-en.

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"United Nations decade of international law." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook. UN, 1992. http://dx.doi.org/10.18356/42b92c10-en.

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wessels, Bob, Bruce A. Markell, and Jason J. Kilborn. "Modeling Cross-Border Insolvency: The Role of UNCITRAL." In International Cooperation In Bankruptcy and Insolvency Matters. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195340174.003.0007.

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Abstract The present global status of cross-border insolvency law has been brought about to a large extent by the United Nations Commission on International Trade Law (UNCITRAL). UNCITRAL was established in 1966 with the aim of providing the United Nations with a more active role in pushing back differences of national legal systems in the domain of international trade. UNCITRAL is composed of thirty-six member-states, chosen for a period of six years by the General Meeting of the UN.
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"UNCITRAL model law on international credit transfers." In United Nations Commission on International Trade Law (UNCITRAL) Yearbook. UN, 1992. http://dx.doi.org/10.18356/42e42e1c-en.

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Marianne, Roth. "Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration." In Practitioner's Handbook on International Commercial Arbitration. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198784807.003.0020.

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This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.
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