Sentences with phrase «arbitral awards before»

In the past decade, it has handled some of the most high - profile arbitrations and proceedings to enforce, or resist the enforcement of, arbitral awards before the English, Hong Kong and Singapore courts.

The Committee on the Review of Swedish Arbitration has carried out a review to chart the scope and nature of challenges to arbitral awards before Swedish Courts of Appeal.

In the past decade, it has handled some of the most high - profile arbitrations as well as ancillary proceedings to enforce, or resist the enforcement of, arbitral awards before the English, Hong Kong and, through the Stephenson Harwood (Singapore) Alliance, Singapore courts.

by Johan Munck and Helga Hullmann The Committee on the Review of Swedish Arbitration has carried out a review to chart the scope and nature of challenges to arbitral awards before Swedish Courts of Appeal.

Not exact matches

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

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

An arbitral award was rendered in India against a United States corporation, which argued before the Court that it should not be enforced in the United States on grounds that India would not have enforced the award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats awards rendered in India in favour of Indian parties in a similar manner.

European Convention on International Commercial Arbitration, Geneva, 21 April 1961, Article VIII: «The parties shall be presumed to have agreed that reasons shall be given for the award unless they (a) either expressly declare that reasons shall not be given; or (b) have assented to an arbitral procedure under which it is not customary to give reasons for awards, provided that in this case neither party requests before the end of the hearing, or if there has not been a hearing then before the making of the award, that reasons be given.»

Our work has included obtaining the recognition and enforcement of four AAA arbitral awards through proceedings conducted before and after the enactment of the Dominican commercial arbitration law, which have become landmark cases in the Dominican Republic.

The European Commission must therefore -LSB-...] express its reservation with respect to the Arbitral Tribunal's competence to arbitrate the claim brought before it by Eureko B.V.» (see para. 193 of the award)

Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $ 1 billion ICSID Additional Facility arbitral award.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $ 1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.

The application before the High Court was the first in which a party requested the Singapore courts to set aside an investor - State arbitral award on the merits.

The issues before the SCC in this case highlight the existence of problematic gaps in Canadian legislation with regard to the procedural status of international arbitral awards.

In addition, the instruments, if ratified, would not cover settlement agreements that are approved by a court or have been concluded in the course of proceedings before a court, or those that have been recorded and are enforceable as arbitral awards.

If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the proceedings at any time before the award is made.

Counsel before the Paris Court of Appeal for a commercial party resisting a challenge to an arbitral award.

Counsel for the Attorney General of Belize before the Caribbean Court of Justice on issues of constitutional law connected with the enforcement in Belize of an arbitral award in favour of Belize Bank Limited.

«They bring their level of understanding of litigation into the enforcement of arbitral awards,» so rather than a short enforcement process, «they start going into the rigorous process of litigation» and «before you know it, you are back into litigation again, thereby frustrating the award.»

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

Petition under section 9 is for interim measures which was filed before commencement of arbitration proceedings and or during the ongoing arbitration proceedings whereas petition under section 34 is filed for impugning the arbitral award.

The respondent in that case had filed a petition before Delhi High Court under Section 9 for stay of arbitral proceedings and filed another proceedings questioning the award on the issue of exchange rate.

If, before the award is made, the parties agree on a settlement of the dispute, the Tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the Tribunal, record the settlement in the form of an arbitral award on agreed terms.