Sentences with phrase «arbitral decision»
"Arbitral decision" refers to a legally binding judgment made by an impartial person or panel called an arbitrator, who resolves a dispute between two parties outside of the traditional court system. It is similar to a court decision but given by an arbitrator instead of a judge. Full definition
The second section gives some extremely helpful illustrative examples of arbitral decisions made by application of those rules.
newlawjournal.co.uk
Second, we can anticipate this decision may open the door to more active judicial intervention in arbitral decisions going forward.
«The Supreme Court is signaling to lower courts that when you're reviewing arbitral decisions you shouldn't so readily interfere with them.
To answer this, Dumberry examines FET clauses in bilateral investment treaties and foreign investment laws of numerous states, as well as arbitral decisions involving allegations of breaches of FET obligations.
In Taylor v. Exalta Transport Services Ltd. [xii], Adjudicator Williams - Whitt adopted the modern approach from a previous arbitral decision under the Canada Labour Code.
This sort of approach, with its openness to reasoning by incorporation, makes it very tough to challenge arbitral decisions under Newfoundland Nurses.
Throughout his legal and judicial career, Rothstein has authored more than 100 judgments and arbitral decisions on domestic and cross-border cases of commercial significance and complexity.
Keep an eye on the dispute between ConocoPhillips and Venezuela over the illegal expropriation of oil investments to watch how another sovereign state attempts to push back against arbitral decision: Venezuela is currently trying to get the ruling overturned.
C.A.: appeal allowed; motion for judicial review dismissed; interlocutory arbitral decision dated March 24, 2011 restored.
The case law outlined below from the Courts, the Financial Services Commission and Private Arbitral decisions is intended to serve as a resource to benefit our clients.
Today arbitral decisions are often characterized as jurisprudence constante, even though contradictory decisionsoccur and calls for a review mechanismare common.
Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.
[128] Others point out, however, that unlike court decisions, arbitral decisions do not serve as precedents for other arbitrators or for any other decision - makers.
She has also been actively involved in researching cognitive bias in arbitral decision - making based on Soia Mentschikoff's 1950s - 1960s experiment.
Stolt - Nielsen and this case thus fall on opposite sides of the line that § 10 (a)(4) draws to delimit judicial review of arbitral decisions.
Bennett J. concluded that this sort of reasoning by incorporation was permissible: «[the] reasons in the instant case, when viewed in light of previous arbitral decisions, exhibit the requisite transparency and justification customary with the reasonableness standard» (at para. 65, emphasis added).
Argentina strenuously denied that the NY judge was even competent to hear the case but it was hit by a court decision, not an arbitral decision.
The arbitration shall take place in the state of Kentucky, in the English language and the arbitral decision may be enforced in any court.
Of course, this arbitral decision was appealed as well, with Justice Abrioux finding that Mr. Ghikas erred in his finding that issue estoppel did not apply to the question before him.
Vivian Hood, Jaffe's Managing Director of Client Services, spoke on a panel at the ARIAS - U.S. Spring Conference 2014 titled «How Does Social Media Change Hiring and Arbitral Decisions?»
Thus, the homologation process shall only constitute a review of formal aspects of the award; it shall not examine the main aspects of the arbitral decision.
Hence, it is not necessary to create an additional homologation process to validate their judicial and arbitral decisions in any country.
Arbitral decisions have been increasingly challenged over the last ten years; while most of these failed to overturn initial rulings, the last five years have seen a few succeed.
[129] Proponents of this view assert that a wrong legal interpretation in an arbitral decision generally affects only the parties to that arbitration.
If an individual decision is wrong on a point of law, there is often no continuing damage done to the general legal principle because other arbitrators are unlikely to hear of that arbitral decision and are not obliged to follow it even if they do.
Research Assistant, Kristina Klykova, is writing her Ph.D. on arbitral decision - making based on Mentschikoff's experiment with Leiden University.
Long before Bill 168, there were already some arbitral decisions implying that the employer's general obligations regarding OHS captured the health and safety risks associated with harassment.
But § 10 (a)(4) bars that course: It permits courts to vacate an arbitral decision only when the arbitrator strayed from his delegated task of interpreting a contract, not when he performed that task poorly.
Another possibility is that the Sattva decision applies to the review of arbitral decisions and these Ontario Court of Appeal decisions apply to the review of lower court decisions.
That is, the arbitral decision should only be set aside if it was unreasonable.
Article 34 of the Model Law states the grounds upon which there may be recourse against an arbitral decision.
When one judge had found that the arbitral decision was reasonable, how did the Court of Appeal arrive at the decision that it was unreasonable?
The decision appears to leave open the possibility of appealing an arbitral decision if it amounts to a «final order» even if it is not the final award of the tribunal: Universal Settlements International Inc. v. Duscio.
It appears that the present decision may allow an arbitral decision to be appealed if it qualifies as being a «final» award, even if it is not the last decision of the arbitrator which finally decides the dispute.
Due mainly to a stock exchange announcement by the company, there was clear evidence that during negotiations, in recognition of the project's impact, the company had offered cash payments, royalties and equity in Reward Ltd, benefits not available from an arbitral decision by the NNTT — such evidence would not normally be disclosed and available to inform the NNTT's decision.