Sentences with phrase «arbitral agreements»

Other sections in the Nigerian chapter cover: the enforcement of arbitral agreements; the formal requirements of the award, cost and expenses and interest; enforcement of the award; recourse against the award: setting aside and refusal of recognition and enforcement; and investor state dispute settlement.

With impending amendments to the Arbitration Act, 1991 on the horizon, practitioners should be examining arbitral agreements carefully, as they may be about to be amended by statute.

The new provisions confirm that when deciding on the validity of foreign - related arbitral agreements, the law that results in a valid arbitral agreement shall prevail.

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

Any Intermediate People's Court intending to invalidate any foreign - related arbitral agreements, set aside foreign - related arbitral awards or deny enforcement of foreign or foreign - related arbitral awards was required to report to the Higher People's Court.

Previously, the internal reporting system established by the SPC applied only in relation to foreign - related arbitral agreements, foreign - related arbitral awards or foreign arbitral awards.

This is likely because the widely adopted New York Convention provides a predicable framework for the recognition and enforcement of arbitral agreements and awards.

Without the SPC's final approval, local courts are not allowed to decide against a foreign - related arbitral agreement, a foreign - related award or a foreign award.

They no longer need to create foreign elements such as adding a foreign parent party in the transaction in order to protect their arbitral agreement.

If the Intermediate People's Court intends to invalidate an arbitral agreement, set aside an arbitral award, or refuse enforcement in a domestic judicial review case, it shall report to and obtain approval from the Higher People's Court.

When an arbitral agreement refers to the arbitral statute «or successor statute» or words to that effect, any time the arbitral statute is changed, so is the arbitral agreement.

Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an «international commercial arbitration» for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location?

Not exact matches

On February 29, 2016, Cecilia Malmstrom, European Commissioner for Trade, and Chrystia Freeland released a joint statement announcing that an agreement was reached to replace the «ad hoc» arbitral tribunals outlined in CETA, with a permanent tribunal whose members will be appointed in advance and will bound by strict ethics regulations.

This agreement shall be governed by and construed in accordance with the material laws of Switzerland.All disputes controversies or differences arising out of or relating to this agreement, or breaches thereof, which can not be settled by the parties, shall be resolved, to the exclusion of the ordinary courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

Gary B. Born, International Commercial Arbitration 3544 - 45 (2014); Alan Redfern, J. Martin Hunter et al., Redfern & Hunter on International Arbitration 645, para. 11.76 (2009)(referring to The Arab Republic of Egypt v. Southern Pacific Properties, Court of Appeal of Paris, France, 12 July 1984, 23 ILM (1984)-RRB-; Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 660 - 61, para. 94 (S.V. Berti et al. eds., 2000); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541, para. 83 (K.H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 639 - 40 (E. Gaillard, D. di Pietro eds., 2008).

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.

The Convention's aim is not to limit the pre-existing freedom of the Contracting States to treat foreign arbitral awards or arbitration agreements as favourably as they please, but rather to facilitate their recognition and enforcement to the greatest extent possible.

See, in particular, Pieter Sanders, A Twenty Years» Review of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 13 Int» l Law 269 (1979); Jan Paulsson, Towards Minimum Standards of Enforcement: Feasibility of a Model Law, in Improving yhe Efficiency of Arbitration Agreements and Awards: 40 Years of Application of the New York Convention 574 (A.J. van den Berg ed., 1998); Albert Jan van den Berg, Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and Awards, AJB Rev 06 (May 2008).

See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

The conditions for recognition and enforcement in the Convention establish a «ceiling», or maximum level of control, which Contracting States may exert over arbitral awards and arbitration agreements.

Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice

Any dispute between one Party and an investor of the other Party relating to the amount or method of payment of the compensation due under article 6 of this Agreement, -LSB-...] may be referred to -LSB-...]: — An arbitral tribunal -LSB-...].»

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

PCH relied on Article 34 (2)(a)(ii) and (iv) of the UNCITRAL Model Law, alleging that it was unable to present its case and that the arbitral procedure was not in accordance with the agreement of the parties.

See Sigvard Jarvin, Irregularity in the Composition of the Arbitral Tribunal and the Procedure, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 729, 730 (E. Gaillard, D. Di Pietro eds., 2008); Gary B. Born, International Commercial Arbitration 2771 (2009).

Courts have also held that the term «submission to arbitration» can include an arbitration agreement modified, amended or supplemented by an arbitral institution's terms of reference agreed to by the arbitrators and disputing parties.

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.

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

The Svea Court of Appeal dismissed Kazakhstan's claims, holding that the award was not clearly incompatible with Swedish ordre public, that the arbitration agreement was valid, and that the arbitral tribunal was duly appointed.

Under article V (1)(d) the drafters of the Convention gave priority to the parties» agreement concerning the composition of the tribunal and the arbitral procedure.

To the extent that the arbitral award is not covered by a valid arbitration agreement, it will most certainly be set aside.

The Convention was concise, composed of only 16 Articles, and dealt with two issues: the enforcement of the agreement to arbitrate and the enforcement of the resulting arbitral award.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 676 (E. Gaillard, D. di Pietro eds., 2008).

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

The arbitral award noted that this decision was taken with the agreement of the parties, and the party opposing enforcement had not reserved it rights at the time of the decision or following receipt of letters confirming the decision.

Jean François Poudret, Sébastien Besson, Comparative Law of International Arbitration 836 - 37, para. 913 (2007); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541 - 42, para. 84 (K. H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 650 - 53 (E. Gaillard, D. Di Pietro eds., 2008).

Summary: The respondent, a Russian energy company, challenged a 2013 arbitral award that ordered it to pay damages to a U.S. oil company for breaches of a cooperation agreement relating to the...

Summary: The claimants moved to annul the arbitration award on three grounds: (1) the arbitration agreement had ceased to apply when one of the claimants declared bankruptcy; (2) the arbitral...

Summary: The respondent in an arbitration moved the Court of Appeal to declare the arbitral award invalid, arguing that the parties lacked an arbitration agreement and that the award therefore...

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

Parties can not ignore the general guidelines as they are obliged to ensure that their legal representatives have «agreed» to comply with them and such agreement is a «condition» of appearing by name before the arbitral tribunal (Art 18.5).

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.»

Except where there is a statutory right or duty to arbitrate, the jurisdiction of the arbitral tribunal derives entirely from the contractual agreement of the parties.

The Court rejected the motion, explaining that an arbitral tribunal has jurisdiction to review legal relationships beyond the scope of the arbitration agreement, provided that those relationships are relevant as evidence for the review of the legal relationship governed by the arbitration agreement.