Sentences with phrase «apply in an arbitration»

The rules of evidence that apply in an arbitration fall somewhere between the anything goes «rules» that apply in the court of public opinion and the rules of evidence that apply in court which limit what comes in, generally speaking, to the kind of evidence experience has shown is trustworthy.

The UNCITRAL Rules on Transparency in Treaty - based Investor - State Arbitration may be applied in arbitrations under the SCC Rules, if so agreed by the parties.

It is limited to court trials [adjudication] and does not necessarily apply in arbitration cases.

While parties to any professional standards proceeding are entitled to fundamental due process, technical rules of evidence and procedure do not apply in an arbitration hearing.

Not exact matches

This Section 27 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 26.

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

(a) Except with regard to the enforceability of the arbitration agreement contained herein, which shall be governed by the Federal Arbitration Act (as set forth below in subsection 22 (d) below), this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York and without regard to conflict of law principles.

The arbitration organization that is selected will apply its code or procedures in effect at the time the arbitration is filed, subject to this Agreement.

This arbitration provision applies to all Claims now in existence or that may arise in the future.

This ARBITRATION AGREEMENT applies to all Claims now in existence or that may arise in the future.

Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law (and the section of this Agreement entitled «Collection Costs») in determining whether a party should recover any or all fees and costs from another party.

The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in - person procedures (additional charges may apply for these procedures).

«Should it ever be determined that there existed an inconsistency between the ECT and EU Law», observed the Tribunal in RREEF Infrastructure, «the unqualified obligation in public international law of any arbitration tribunal constituted under the ECT would be to apply the former.

Generally speaking, it is difficult to think of other ways in which EU law could be «applied» in investment arbitration.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

Commentators have also argued that the judgment has no bearing on arbitrations carried out under the ICSID Convention, and while this is true in a formal sense, it seems equally clear that ICSID tribunals may interpret and apply EU law, with the Court's conclusion extending, by analogy, to them as well.

Sole presiding arbitrator in a maritime dispute with a Nicaraguan claimant and Bahamian Respondent, applying general United States maritime law, and with the seat of arbitration in Nicaragua.

926 A German court has also considered that the participation of a party in an arbitration without raising any objection may be construed as an implicit agreement with the procedural rules applied by the tribunal.927

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

The Court confirmed that because collective bargaining agreements are negotiated and refined over time by the parties themselves to reflect their needs, and since arbitrators are chosen by the parties because of their expertise in the particular business and their trusted judgment to interpret and apply the agreement, a court's review of an arbitration award is «very limited».

(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge in respect of litigation costs (ie costs incurred, or to be incurred in connection with proceedings before the court in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within arbitration proceedings or, after conclusion, the county court).

The underlying dispute, the nationalisation of oil refining operations in the Orinoco oil belt, was the subject of ICC arbitration in New York and so jurisdiction was not in issue; in principle, s 44 of the 1996 Act clearly applies to ICC arbitrations (although PDVSA expressly reserved its position on jurisdiction throughout the proceedings).

It will be interesting to learn how the guidelines are interpreted and applied in LCIA arbitrations in the future.

Even when it is clear which ethical rules apply, differing cultural and legal backgrounds may mean that lawyers involved in the same arbitration may act differently based on conflicting ideas about what is professional and ethical conduct.

On 7 May 2008, Euro Telecom International NV (ETI) applied to the english Commercial Court for a freezing order against the Republic of Bolivia and Entel which, until recently was jointly owned by ETI and the republic, in support of ICSID arbitration proceedings it is attempting to bring against Bolivia.

The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply.

The Rules for Expedited Arbitrations shall apply where the amount in dispute does not exceed EUR 100,000.

Accordingly, the statutory requirements on service will apply even where: (i) there is an ongoing arbitration in England; (ii) the Court proceedings may be ancillary to that arbitration; and (iii) it is said that the foreign state entity has waived immunity in the ordinary sense by agreeing to and participating in the arbitration.

Following arbitration the Claimants applied for an order that ICBC pay for their disbursements incurred in proving their damages claim.

If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement of an arbitration, the party may apply to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for the appointment of an Emergency Arbitrator in accordance with the SCC Rules.

The appellate court reversed in part noting that whether an arbitration clause applies to a party's claim is a question of contract interpretation, adding that only signatories are bound by the terms of an arbitration clause.

However, problem arises when the seat of an international arbitration takes place outside Bangladesh, as Section 3 (1) of the Act states that the Act «shall apply where the place of arbitration is in Bangladesh».

While deciding HRC Shipping case, the learned court had drawn upon the reasoning used in the landmark Indian case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in Bangladesh.

Advising several hedge funds in successfully applying to set aside an arbitration award rendered against them.

If s. 35 applies (a point we need not decide) it can be waived and the agreement to engage in «mediation / arbitration» in this case amounted to a waiver.

Avoiding the major blockages in the trial system is the focus of the OBA 2014 Institute civil litigation program: picking the issue and streamlining your case; using discoveries efficiently; applying the rules of procedure to accelerate your case to trial; navigating the rules on «setting down» for trial; proceeding outside Toronto; learning from the leaner system of labour arbitrations.

a major European telecommunications company in three related arbitrations sited in Vienna under the Vienna Rules, with Polish and Austrian law applying, as well as parallel litigation proceedings in US district court and the Ninth Circuit Court of Appeals (amount in dispute over $ 7 billion);

a leading US manufacturer in an ICC arbitration sited in Seoul, South Korea, with Korean law applying, involving the sale of automobile parts to a Korean manufacturer;

The provisions apply not only to arbitrations seated in Hong Kong but also to funding of Hong Kong services provided in relation to an arbitration for which the place of arbitration is outside Hong Kong or if there is no place of arbitration, as if the place of arbitration were in Hong Kong.

If the disagreement was not resolved in mediation, the accident victim has the choice of whether to sue in the Superior Court or apply for arbitration through FSCO.

In Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the Arbitration Act 1996 (the «Act») to an English - seated International Chamber of Commerce («ICC») arbitration, held that the arbitrator had not exceeded his powers in determining that the losing party, Essar, should pay the funding costs of the successful party, NorscoIn Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the Arbitration Act 1996 (the «Act») to an English - seated International Chamber of Commerce («ICC») arbitration, held that the arbitrator had not exceeded his powers in determining that the losing party, Essar, should pay the funding costs of the successful party, Norscoin determining that the losing party, Essar, should pay the funding costs of the successful party, Norscot.

a leading international banking institution in an ICC arbitration sited in Miami, with New York law applying, against a consortium of Latin American investors;

a leading European manufacturing company in an ICC arbitration sited in London, with English and Japanese law applying, involving claims related to a share purchase agreement with a major Japanese industrial concern (amount in dispute over $ 3 billion);

a leading international transportation company in an ICC arbitration sited in Mexico City, with Mexican and New York law applying, against a leading Mexican railroad (amount in dispute over $ 500 million);

a major international chemicals company in an ICC arbitration sited in Geneva, with Swiss law applying, against a group of related French corporations;

a leading international logistics company in an ad hoc arbitration under the UNCITRAL Rules sited in London with English law applying;

SCC Secretary General Annette Magnusson will be participating in a panel addressing the UNICITRAL Arbitration Rules as applied by arbitration institutions.

In addition, multinationals systematically want to apply international arbitration as a dispute resolution clause, which is not always accepted, although more accepted in MoroccIn addition, multinationals systematically want to apply international arbitration as a dispute resolution clause, which is not always accepted, although more accepted in Moroccin Morocco.

For example, if a party commences court proceedings in England & Wales in breach of an arbitration agreement with the defendant, the defendant may apply to the court for a mandatory stay of those proceedings in favour of arbitration pursuant to s 9 of the Arbitration Act 1996.