Sentences with phrase «state arbitral tribunal»

This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

Not exact matches

Principally, the growing fear of having privately constituted arbitral tribunals decide disputes in a manner that exposes host States to legal and financial risks and in a way that might negatively impact the host States» sovereign right to regulate matters of public interest merit due consideration and attention.

The Commission also observed that arbitral tribunals are not «competent to authorize» the granting of state aid, and if they do so, «this compensation would be notifiable State aid pursuant to Article 108 (3) TFEU and be subject to the standstill obligation&rastate aid, and if they do so, «this compensation would be notifiable State aid pursuant to Article 108 (3) TFEU and be subject to the standstill obligation&raState aid pursuant to Article 108 (3) TFEU and be subject to the standstill obligation».

Article 2 of the 1927 Geneva Convention states in relevant part: «If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of an agreement, with the law of the country where the arbitration took place.

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

The judgment's references to the principle of mutual trust, and to the idea that the member states respect the EU's foundational values by implementing EU law effectively, creates the perception that arbitral tribunals not only decrease the «full effectiveness» of EU law, but also apply and implement values other than those listed in Article 2 TEU.

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

The standard of proof for showing that the constitution of the arbitral tribunal was irregular is high.876 In the words of one United States court, the burden is «substantial because the public policy in favour of international arbitration is strong.»

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

He represents states, corporations and individuals before international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea and arbitral tribunals.

His practice spans a wide range of litigation in federal and state courts at the trial and appellate levels and before arbitral tribunals.

Kristin has experience representing individuals, companies and sovereign states in their disputes in U.S. courts and before international and domestic arbitral tribunals in a wide range of industries.

As EU law is the «law of the land» of Member States, the Court had no trouble determining that an arbitral tribunal set up according to the BIT's ISDS provisions «may be called on to interpret or indeed to apply EU law, particularly the provisions concerning the fundamental freedoms, including freedom of establishment and free movement of capital» (para. 42).

Arbitral tribunal decisions are widely enforceable internationally (including in China and the United States) under a number of conventions, including the New York Convention, of which the UK is a direct contracting party.

Probably taking into consideration of the aforesaid instance, Mr. Justice Mamnoon Rahman [7] has addressed to the fact that it is the generally accepted principal in each developed legal system that the state court order interim and conservatory measures in support of arbitration despite the powers of the arbitral tribunals to do so.

The CJEU rejected in Achmea that an arbitral tribunal established under an international agreement between two Member States could be considered part of the judicial system of the EU (Achmea, para 45).

His practice often involves evaluating and addressing competing (and often conflicting) dispute resolution, forum selection and choice of law provisions, and parallel proceedings in state, federal and bankruptcy courts, and US and International arbitral tribunals.

In another ground - breaking case, the Singapore High Court has set aside an investor - State arbitral award on the basis that the tribunal exceeded its jurisdiction...

Widely recognised as one of the world's leading arbitrators, Fortier — former Canadian ambassador to the UN, honorary LCIA vice-president and ad hoc judge at the ICJ — has served on more than 100 arbitral tribunals and more than 30 investor - state dispute panels.

Although the advocate - general's opinion is not binding, his conclusion that anti-suit injunctions issued by (a) member state courts in support of arbitration or (b) by arbitral tribunals are not prohibited by the Brussels I (recast) will be welcomed by those who consider that the arbitration exception was unreasonably eroded by the ECJ in West Tankers.

Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.

This raises questions as to whyStates might choose a standing court over an arbitral tribunal and why the new found confidence in ITLOS (since the ICJ would also have been an option for these States).

Unless the parties have agreed otherwise, the arbitral tribunal may order that pre-award and post-award interest (either simple or compound) be paid by any party on any sum awarded at such rates as the arbitral tribunal decides to be appropriate (without being bound by rates of interest practised by any state court or other legal authority).

The term «costs» includes only: (a) The fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; (f) The fees and expenses of the Secretariat, including the fees and expenses of the appointing authority.

Investor - State tribunals thereby become significant law - makers, principally by creating arbitral precedent.

At Foley Hoag, he will be defending sovereign State clients against claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals.

This means that the provisions of intra-EU BITs that provide for ISDS and form the basis of the consent of Member States to arbitration are inapplicable; hence, arbitral tribunals lack jurisdiction under intra-EU BITs.

Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.

She specialises in investment arbitration, public international law and international commercial arbitration, and represents states and corporations before international arbitral tribunals and the International Court of Justice.

In fact, AG Wathelet in his Opinion attempted to explain how arbitral tribunals satisfy the conditions set by the CJEU to be considered «a court or tribunal of a Member State» (paras. 90 - 131).

In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.

Accordingly, if and when an award is rendered by the arbitral tribunal in the investor's favour, it may be enforced against host state assets granting the investor claimant excellent prospects of making a recovery.

On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...

Chair of a three - member arbitral tribunal hearing a dispute governed by the ICDR Procedures arising from a contract in the biomedical industry between parties in Sweden and the United States.

The increasing prevalence of such claims is troubling to many because it puts international investment arbitral tribunals in the position of evaluating the policies of host states.

Section 31 makes it mandatory for an arbitral tribunal to decide a dispute in accordance with law, with which is expressly stated to include specific performance, injunctions and other equitable remedies.

There have been hundreds of investor - State proceedings before arbitral tribunals.