Sentences with phrase «arbitral decisions on»
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.
http://www.canadianlawyermag.com/ Not exact matches
Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».
Summary: The appellant appealed to the Supreme Court a decision of the Svea Court of Appeal, which had rejected the appellant's application to declare an arbitral award invalid on the basis that...
She has also been actively involved in researching cognitive bias in arbitral decision - making based on Soia Mentschikoff's 1950s - 1960s experiment.
In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».
On the decision, John told Lexpert that «the message that [the SCC] and various courts of appeal have sent out over the past decade or more, that when parties decide to arbitrate disputes and the arbitrator makes a decision, a great deal of deference is to be given by the court to the arbitral tribunal.»
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the tribunal had not exceeded its mandate and did not breach the principle of equal treatment of the parties.
Indeed, the majority further expressed the view (obiter) that an arbitral tribunal could order a final (rather than interim) award requiring compliance with the DAB's decision if that is all that the tribunal was asked to rule on.
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?»
[8] In this case it was reported that the Supreme Qatari Court upheld a decision to set aside an arbitral award on grounds other than those listed in the NYC.
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the party was precluded from challenging award on several ground, and had failed to establish that the tribunal had been partial.
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.
In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the tribunal had not exceeded its mandate.
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.
This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.
The published materials include three decisions from 2016 - 2017, in which Russian courts recognized SCC arbitral awards as enforceable on the territory of the Russian Federation.
While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;
In a decision recently published on the Swedish Arbitration Portal, the Supreme Court affirmed a decision of the Svea Court of Appeal, which had rejected an appellant's application to declare an arbitral award invalid on the basis that it violated public policy.
The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the arbitration request: decide on whether one or three arbitrators shall be appointed by the Governing Board (Art. 2 (2) of the Rules).
In a recently published decision, the Supreme Court set aside an arbitral award on the grounds that the arbitral tribunal had wrongly accepted jurisdiction.
This applies only to circumstances where the parties reside in different provinces or if the proposed decision to refuse enforcement or set aside a domestic arbitral award is made on the ground of «violating the public interests».
Historically, the London Court of International Arbitration (LCIA) was the only major institution to provide reasoned decisions on arbitrator challenges, but in recent years other arbitral institutions have followed suit.
The decision also forms part of a recent trend of English courts relying on section 37 (1) of the 1981 Act to support the arbitral process.
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.
The tribunal is obliged to comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence, and in the exercise of all other powers conferred upon it.
Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.
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-.
On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...
Read about recognition in Colombia of an arbitral award rendered abroad, which remains controversial, and the most significant Colombia Supreme Court decisions on the issue.
Final decisions of the SIX Sanctions Committee can be appealed to an independent appeal body or to a special arbitral tribunal, depending on the violation at stake.
Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time involved in investment arbitration, lack of transparency and the very narrow grounds on which arbitral awards can be challenged.
The parties to a dispute refer it to one or more persons (the «arbitrators», «arbiters» or «arbitral tribunal») on whose decision (the «award») they agree to be legally bound (for both sides).