Representing clients before international
arbitral bodies in disputes related to cross-border transactions
He appears before the High Court and
arbitral bodies in Ireland and has appeared before the ICC, LCIA and in UNCITRAL arbitration internationally.
Not exact matches
Against that background, the Tribunal observes that there is a growing
body of
arbitral law, particularly
in the context of ICSID arbitrations, which holds that the principle of proportionality is applicable to potential breaches of bilateral investment treaty obligations (see paras. 402 - 404).
In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendan
In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which
in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendan
in turn referred to the statute and rules of the relevant
arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the de
arbitral tribunal —
in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendan
in this case the Commonweath Secretariat
Arbitral Tribunal (CSAT), which was a body created and constituted by the de
Arbitral Tribunal (CSAT), which was a
body created and constituted by the defendant.
He joins CRCICA at a time when Egypt is keen to encourage foreign investment into the jurisdiction, and to strengthen its standing as a regional arbitration
body, following a period
in which Egypt has seen considerable civil unrest, and some practitioners chose to bring disputes at competing
arbitral centres, such as
in Dubai.
In international law, where there is no integrated judicial system and where every judicial or
arbitral organ needs a specific constitutive instrument defining its jurisdiction, «the first obligation of the Court - as of any other judicial
body - is to ascertain its own competence.»
Although the tribunal and administrative
body, if any, are generally subject to an obligation of confidentiality and the
arbitral proceedings are
in most cases held
in private, many national laws and
arbitral rules do not provide any assurance of confidentiality from the parties or third - party witnesses.
That,
in my view, indicates that the parties they serve are more concerned with resolving a dispute than establishing a
body of precedent or
arbitral law.
The Lagos Court of Arbitration (LCA)
in Nigeria is advertising for an executive secretary responsible for day - to - day management of the
arbitral body.
We have not restricted our practice to the controlled, predictable confines of federal or arbitration practice, though we feel comfortable
in the District Courts, Courts of Appeal, and foreign and domestic
arbitral bodies where we litigate.
Even though Alphamix concerned a domestic
arbitral award, the attitude of the Judge
in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public
bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and
arbitral awards made against them seriously.
Mr. Rich litigates civil, commercial, employment, and securities matters
in federal and state courts
in New York and New Jersey, and arbitrates such matters before FINRA and other
arbitral bodies.
Often dual qualified, with a technical degree
in construction, our team are members of one or more of the relevant building and engineering professional
bodies, such as ICE, CIOB, RICS, LCIA TECBAR and IChemE, and have first hand experience of the
arbitral rules of ICC and LCIA.
His article offers a clear and succinct overview of the emergence of the many new international courts and tribunals
in the past 20 years, including the International Criminal Court, the ITLOS, the Appellate
Body of the WTO, and the large number of
arbitral institutions and quasi-judicial
bodies (p 79).
At the end of the six month period any negotiating party can apply for a determination by an
arbitral body if agreement has not been reached.165 This determination may address whether or not the act may be done or whether the act can be done subject to certain conditions.166 However, the
arbitral body can not determine that native title parties are entitled to payments worked out
in relation to the profits made from the project; income derived or anything produced.167 Finally, if the Commonwealth, State or Territory Minister considers it to be
in the interests of their jurisdiction, they are able to overrule the determination of the
arbitral body.168
In relation to the jurisdiction of arbitral bodies to hear applications for determinations regarding proposed future acts, the amended act specifically states that an arbitral body must not make a determination regarding future acts if any negotiation party, except a native title party, has failed to negotiate in good faith prior to the application for the determinatio
In relation to the jurisdiction of
arbitral bodies to hear applications for determinations regarding proposed future acts, the amended act specifically states that an
arbitral body must not make a determination regarding future acts if any negotiation party, except a native title party, has failed to negotiate
in good faith prior to the application for the determinatio
in good faith prior to the application for the determination.
A party may apply to an
arbitral body for a determination
in relation to the act if at least six months have passed since the «notification day» [91] and the parties have not made an agreement.
requiring a party to negotiate
in good faith using all reasonable efforts before applying to the
arbitral body.
These are specified
in Section 39 NTA, which sets out a broad range of minimum criteria that are to be taken into account by
arbitral bodies when deciding on right to negotiate matters that have failed to be settled by negotiation.