Sentences with phrase «appointments of arbitrators in»

Stena — v - Westport: Chris was instructed by the Claimants in relation to this claim arising out of a joint venture agreement in which Chris» clients had to make an opposed application to the Commercial Court for the appointment of an arbitrator in circumstances where the Respondents had wrongly commenced proceedings in the US.

Number of arbitrators (Article 7) Appointment of a sole arbitrator (Article 8) Appointment of three Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (Article 16)

Despite all of the progress, one continuing area of dissatisfaction is with the lack of diversity in the appointment of arbitrators in arbitrations concerning African parties.

Not exact matches

The franchisee brought another application in Ontario court in 2011 for the appointment of an arbitrator, but the parties subsequently agreed on the appointment of Steven Goldman, a well - known franchise lawyer.

It has already led to a number of arbitrators refusing to accept appointments in Dubai seated arbitrations, as well as resignations of those already appointed in such cases.

If arbitrators fail to meet these expectations, they will receive less and less appointments and be phased out as influential arbitrators The reappointment process can therefore work as a means for the system to accommodate and process changes in its environment, including the mounting criticism of the current functioning of investor - State arbitration.

Hence there seems to be a decline in appointment or nomination of Nigerian arbitrators in major international arbitration, although it is hoped that this situation will be short lived.»

engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality of any award, including repeated challenges to an arbitrator's appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);

We regularly appear before the Courts when interim measures are sought, such as the appointment of arbitrators, the challenge of arbitrators, or the stay of proceedings in favour of arbitration, and on the enforcement of arbitration awards in Ontario and Canada.

By applying for the appointment of an Emergency Arbitrator, a party who is in need of a prompt interim decision may receive a decision on interim measures within five days.

In 2014, the SCC also received applications for the appointment of an Emergency Arbitrator in two treaty disputes under the SCC Rules for the first timIn 2014, the SCC also received applications for the appointment of an Emergency Arbitrator in two treaty disputes under the SCC Rules for the first timin two treaty disputes under the SCC Rules for the first time.

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.

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.

In October 2012, the CRCICA signed a cooperation agreement with the SCC, which included both institutions promoting the use of arbitration, organising conferences and seminars, as well as jointly cooperating in the appointment of mediators and arbitratorIn October 2012, the CRCICA signed a cooperation agreement with the SCC, which included both institutions promoting the use of arbitration, organising conferences and seminars, as well as jointly cooperating in the appointment of mediators and arbitratorin the appointment of mediators and arbitrators.

The new provisions in the 2016 Rules that allow for consolidation of related arbitrations and joinder of additional parties, as well as the appointment of an emergency arbitrator, would increase efficiency and flexibility of KCAB proceedings.

Measures to increase fairness in appointing arbitrators, including the requirement for arbitrators to sign and submit statements showing their acceptance, impartiality and independence, and the changes in the parties» choice of arbitrators from appointment to nomination.

In Halliburton Company v Chubb Bermuda Insurance Ltd & Others [2018] EWCA Civ 817, the Court of Appeal considered the extent to which an arbitrator may, without the parties» knowledge, accept appointments in several matters in relation to the same or.In Halliburton Company v Chubb Bermuda Insurance Ltd & Others [2018] EWCA Civ 817, the Court of Appeal considered the extent to which an arbitrator may, without the parties» knowledge, accept appointments in several matters in relation to the same or.in several matters in relation to the same or.in relation to the same or...

The SCC received three applications for appointment of an emergency arbitrator in 2017, compared to 13 in 2016.

On accepting his appointment as arbitrator in 2013, Gerstenmaier had signed a declaration of independence, as required by the ICC.

The SCC has just published its Policy on Appointment of Arbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC arArbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC ararbitrators in SCC arbitrations.

In case of failure to appoint an arbitrator or to agree on the appointment of the third arbitrator, Rules of the LCIA shall apply.

As Arbitrator, he sat in over 80 major international cases, including appointments as President and Co-Arbitrator in numerous ICSID, NAFTA and ad hoc investor - State disputes and institutional and ad hoc commercial arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL).

ICDR provides conflict - management assistance in more than 80 countries, and its services include assisting in the appointment of mediators and arbitrators, organizing hearings and providing users with information on dispute resolution.

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.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

If within 30 days after the appointment of the second arbitrator, or such other period as may be set by the Secretariat, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under article 8, paragraph 2.

A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in articles 11 and 12 became known to that party.

A party is not precluded from raising such a plea by the fact that it has designated, or participated in the appointment of, an arbitrator.

In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitratoIn the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitratoin doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitratoIn making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitratoin its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitratoin the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitratoin accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitratoin appointing the sole arbitrator.

For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).

In turn, for the appointment of an emergency arbitrator under article 9B, the appropriate question was whether or not relief was required «more urgently than the time that it would take for the expedited formation of an arbitral tribunal».

(b) Deliver copies of the request for the appointment of an Arbitral Tribunal to the Respondent and simultaneous setting of a time period for the appointment of the party's arbitrator (in the case of an Arbitral Tribunal consisting of three arbitrators), respectively for the notification of acceptance of the Claimant's proposal or for the notification of a counterproposal by the Respondent (in the case of a sole arbitrator), by the Governing Board (Art. 4 (2) of the Rules).

In 2014 CAS changed its system of appointment to the CAS panel of arbitrators, by removing a requirement for nomination by a sport governing body.

This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to designate or to participate in the appointment.

The Decision - Maker alone may be appointed in a family dispute, or may be appointed in addition to the appointment of a Parenting Coordinator or an Arbitrator (see below) at any time after the entry of an order concerning parental responsibilities and upon written consent of both parties.

The absence of the risk of paying large amounts towards the winning party's legal costs incentivised the strategic use of (unmeritorious) court proceedings by recalcitrant parties in international arbitrations — such as applications for arbitrator appointment and set aside.

The arbitrator will conduct as soon as practicable, and absent extraordinary circumstances, within 20 days of appointment, an initial CMC either telephonically, or in person, for the planning and scheduling of the arbitral proceedings.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time perioIn addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time perioin their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time perioin the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

(4) A party is not precluded from raising a jurisdictional plea by the fact that it has appointed or participated in the appointment of an arbitrator.

(3) Unless the parties have otherwise agreed, where three arbitrators are to be appointed and one party fails to appoint within the time specified in the agreement or, where no time is specified, within 14 days of receiving notice of appointment of the first arbitrator, the party which appoints the first arbitrator may establish the tribunal in accordance with either Rule 14 (3) or 14 (5).

If one party fails to appoint an arbitrator and so a sole arbitrator is appointed under section 17 of the 1996 Act, the party in default may apply to the court to set aside that appointment (section 17 (3)-RRB-.

(6) Anyone who appoints an arbitrator shall immediately notify the Centre, in writing, of the appointment.

(5) The party which appointed the first arbitrator may give the party in default of appointment written notice that, if the second arbitrator is not appointed within 14 days of receiving the notice, the first arbitrator shall be the sole arbitrator whose Award shall be binding on both parties as if originally appointed sole arbitrator by agreement of the parties.

Just as the early appointment of the arbitrator leads to efficiency benefits, the early designation of the trial judge, in my view, will lead to a less costly and quicker process.

The publication of information about sitting arbitrators should also act as an incentive to encourage greater diversity in appointments.

If the issue of biased appointments if it is to be pursued has to be done in a very convoluted manner (however this brings to mink the Canada Post arbitrator (s) who were struck off by Canadian courts after Harper had appointed an alledgedly biased arbitrator — in Canada that was piece of cake compared to the Argentinian situation).

The section on conduct and procedure of an arbitration where the seat is in Nigeria includes matters such as: the appointment and challenge of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure and evidence; default powers of the tribunal; and multiparty proceedings.

In others, delays in the appointment of the arbitrator made it impossible to obtain urgent relieIn others, delays in the appointment of the arbitrator made it impossible to obtain urgent reliein the appointment of the arbitrator made it impossible to obtain urgent relief.

CUPW disputed the constitutionality of the back - to - work legislation and, in separate litigation, Justice Osborne's appointment on the basis that he wasn't bilingual (despite that the parties often use unilingual arbitrators).