Sentences with phrase «icsid arbitral proceedings»

There shall be one arbitrator and English shall be the language to be used at the arbitral proceedings.

Indeed, arbitration now seems to be commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral awards, as well as confidentiality of arbitral proceedings.

In 2007 Spanish investment companies initiated arbitral proceedings against the Russian Federation, administered by the Arbitration Institute of the Stockholm Chamber of Commerce, seeking compensation for alleged lost investments in the Russian oil company Yukos under the Russia - Spain BIT.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920 Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect of the arbitral procedure at a later stage if it had the opportunity to raise a reservation in a timely manner during the arbitral proceedings.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

The case concerned arbitral proceedings in which an arbitral award was set aside on the basis of a party being unable to present its case.

Further, courts have taken into account the wide discretion vested in arbitral tribunals to organize and control the arbitral proceedings.856

«A party to arbitral proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.»

His most recent experience includes: acting for a US chemicals company in a US$ 100m contractual dispute with a Japanese supplier of business critical manufacturing equipment; advising a global audio / visual supplier in cross-border court and arbitral proceedings in USA, Hong Kong, Singapore, the PRC and Malaysia arising from breakdown of its supply chain; and acting for the Liquidators of a global electronics business in claims exceeding US$ 300m.

The firm advises clients in industry specific arbitral proceedings such as Oil & Gas and commodities.

The courts have delivered several decisions over the last few years that establish that they have a better understanding of the limited and supportive role they are expected to play in arbitral proceedings, taking a stand back from the largely interventionist role they once played.

There is often unhelpful uncertainty regarding the ethical rules that govern the conduct of lawyers in international arbitral proceedings.

The case arose from arbitral proceedings that were held in Frankfurt but concerned the 2004 liberalisation of the Slovak health insurance market.

Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral awards);

Advising the EPC Contractor on disputes arising from a # 150m waste - to - energy facility, including arbitral proceedings.

Any other agreed language may of course be used in the arbitral proceedings before the tribunal, once it has been constituted.

Professor González teaches Forensics of Advocacy in International Arbitration, a two - semester simulation of arbitral proceedings, which is offered in the White & Case International Arbitration LL.M.

«The book has proved to be a useful tool for foreign professionals acting in Swedish international arbitral proceedings; this, combined with the importance of Sweden as preferred venue for dispute resolution involving parties from CIS countries, led the SAA and SCC to work on a Russian translation of the book», said SCC Legal Counsel Natalia Petrik.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

He has experience of a wide range of arbitral proceedings under various institutional rules (including LCIA, ICC and UNCITRAL) and is equally comfortable working with and without leaders, and as co-counsel with firms of arbitration practitioners.

The scope was further refined such that «[s] ettlement agreements reached during judicial or arbitral proceedings but not recorded in a judicial decision or an arbitral award should fall within the scope of the instrument.»

He held that as a matter of language, context and logic, «other costs» could include the costs of obtaining litigation funding, given that they were related to, and for the purpose of, the arbitral proceedings.

Time limits for respondents that do not participate in arbitral proceedings to challenge the tribunal's jurisdiction or resist enforcement

(c) actions taken by a judge or arbitrator in the course of judicial or arbitral proceedings to promote settlement of a commercial dispute that is the subject of the proceedings; or

Although the tribunal and administrative body, if any, are generally subject to an obligation of confidentiality and the arbitral proceedings are in most cases held in private, many national laws and arbitral rules do not provide any assurance of confidentiality from the parties or third - party witnesses.

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

James advises and acts, both alone and as junior counsel, in a wide range of arbitral proceedings including under a variety of rules (including LCIA and ICC) and ad hoc.

The Arbitration Rules constitute a completely new set of rules as regards both their structure and content, complying with Act LX of 2017 on Arbitration and meeting international standards and regulatory needs, with a view to the efficiency, flexibility and integrity of arbitral proceedings.

Subject to paragraph 2 of this article, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced.

If the parties have not previously agreed on the number of arbitrators, and if within 30 days after the date of commencement of the arbitral proceedings the parties have not agreed on the number of arbitrators, three arbitrators shall be appointed.

Leggatt J made it clear that where institutional rules provide parties with quick relief through the arbitral process, they also have the effect of limiting the English courts» ability to use their powers to support the arbitral proceedings.

The UNCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship.

The Arbitration Act 1996 (AA 1996) provides the courts with various powers to support arbitral proceedings seated in England or elsewhere, whether it be a case of «urgency» under section 44 (3) or in non-urgent cases under section 44 (4).

During the course of the arbitral proceedings the Secretariat may request supplementary deposits from the parties.

The number of arbitrators shall be... [one or three]; The place of arbitration shall be... [Road Town, Tortola, British Virgin Islands, unless the Parties agree otherwise]; The language to be used in the arbitral proceedings shall be... [language].»

If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.

During the course of the arbitral proceedings, a party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set - off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it or prejudice to other parties or any other circumstances.

Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the Secretariat, subject to the BVI IAC's actual receipt of the registration fee prescribed in the BVI IAC's Schedule of fees and costs (the «registration fee»).

At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine.

During the period examined, 28 challenges to arbitrators were filed — a very low number considering that almost 600 arbitral proceedings were initiated at the SCC during these three years.

(iii) the making of the final award was induced or affected by fraud or corruption as the underlying contract in the arbitral proceedings was procured by bribes (the «Public Policy Issue «-RRB-.

The choice of seat in an arbitration agreement determines the supervisory framework which underpins the arbitral proceedings.

This is despite the fact of the plaintiff's «near - total disengagement from the arbitral proceedings ``.

In addition to the administration of arbitral proceedings, the SCC provides certain ad hoc services.

However it has been more difficult to do this in arbitral proceedings due to the fact that it is an entirely consensual process, originally built to accommodate two parties per arbitration.

The Singapore High Court therefore held that on the facts of the case, having chosen to absent itself from the arbitral proceedings, the plaintiff could not say that it was unable to present its case or that there was a breach of natural justice.

Where a party is seeking to resist being joined to arbitral proceedings or to have numerous existing arbitrations consolidated, it is important to remember the following:

National laws of the seat of the arbitration may provide that the court is entitled to order consolidation of connected arbitral proceedings for example via the Arbitration Act in the Netherlands; the California Code of Civil Procedure and Canadian Provincial laws.

Within 10 days after the arbitral proceedings have been concluded («the request period»), a party may request return of that party's documents and JW will arrange for return of said documents.