Sentences with phrase «arbitral disputes»

These include criminal appeals, commercial cases, appeals from arbitral disputes, and intellectual property litigation.

It also remains to be seen whether the centre will succeed in its stated aim of centralising all arbitral disputes between African and Chinese entities.

Wole has advised and managed many multi-million dollar arbitral disputes including a coal mining contractor pricing review arbitration worth in excess of US$ 350m.

Their arbitration experience includes arbitral disputes under the following institutions and rules: ICSID (World Bank), ICC, LCIA, ICDR, DIS and the Hong Kong International Arbitration Centre.

In the longer term, some argue that «Brexit» may ultimately damage London's position as a world - leading economic centre, which could in turn affect parties» decisions regarding the legal regime that they choose to govern their contracts and the situs for any arbitral dispute arising from those contracts.

Secondly, a lack of enforcement mechanisms by no means indicates a failure of judicial or arbitral dispute settlement.

Not exact matches

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.

Principally, the growing fear of having privately constituted arbitral tribunals decide disputes in a manner that exposes host States to legal and financial risks and in a way that might negatively impact the host States» sovereign right to regulate matters of public interest merit due consideration and attention.

Principally, the growing fear of having privately constituted arbitral tribunals decide disputes in a manner that

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

As often in environmental law, in the framework of the Aarhus Convention preference has been given to a non-binding compliance mechanism over a judicial or arbitral system of dispute settlement.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

The arbitral tribunal was convened in 2010 pursuant to the terms of the bilateral investment treaty between Uruguay and Switzerland under the auspices of the International Centre for Settlement of Investment Disputes, in Washington.

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

Willem C. Vis Arbitral Moot - Each year in Vienna, Austria, the goal of this competition is to foster the study of international commercial law and arbitration for resolution of international business disputes.

Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning enforcement of judgments and arbitral awards in our four jurisdictions.

Indeed, arbitration now seems to be commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral awards, as well as confidentiality of arbitral proceedings.

The Svea Court of Appeal however dismissed the arguments since the investors failed to convincingly show that an interpretation of the object and purpose of either the BIT as a whole, or the dispute - resolution clause in particular, meant that the arbitral tribunal's jurisdiction included an examination of whether expropriation had occurred.

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

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 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.

The Svea Court of Appeal also dismissed the investors» arguments that a MFN - clause in the BIT meant that the dispute resolution clauses in Russia's other BIT's gave the arbitral tribunal jurisdiction over the dispute.

Reichler has also represented Sovereign States in disputes over trans - boundary environmental harm, and disputes with foreign investors in the world's principal arbitral forums, including the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), and the Stockholm Chamber of Commercdisputes over trans - boundary environmental harm, and disputes with foreign investors in the world's principal arbitral forums, including the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), and the Stockholm Chamber of Commercdisputes with foreign investors in the world's principal arbitral forums, including the International Centre for the Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), and the Stockholm Chamber of CommercDisputes (ICSID), the International Chamber of Commerce (ICC), the Permanent Court of Arbitration (PCA), and the Stockholm Chamber of Commerce (SCC).

In formal dispute resolution, Phillip leads and manages litigation and international arbitration cases including appearing as lead advocate before institutional and ad hoc arbitral tribunals throughout the Asia Pacific region.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

More importantly, however, oil and gas companies prefer this method of dispute resolution thanks to the greater enforceability and finality of arbitral awards worldwide (chosen by nearly 65 % of respondents).

The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international commercial disputes in a fair and effective manner, recognise and enforce international arbitral awards and encourage dispute resolution by arbitration.

In addition, Ms. Hanlon has extensive arbitration and dispute resolution experience both in the UAE as well as before international arbitral tribunals.

This dispute resolution method is quick, efficient, confidential and results in an arbitral award which is enforceable in more than 150 countries.

He represents clients in international arbitrations under the rules of all major arbitral institutions, with a particular focus on disputes in the oil and gas, power, construction, financial services and telecommunications sectors.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

His most recent experience includes: acting for a US chemicals company in a US$ 100m contractual dispute with a Japanese supplier of business critical manufacturing equipment; advising a global audio / visual supplier in cross-border court and arbitral proceedings in USA, Hong Kong, Singapore, the PRC and Malaysia arising from breakdown of its supply chain; and acting for the Liquidators of a global electronics business in claims exceeding US$ 300m.

Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...

Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal's finding that an arbitration clause applied to a dispute but to amend the tribunal's decision...

KATS lawyers are often called upon as arbitrators in complex commercial disputes and have appeared before arbitral tribunals for investors and disputes involving Oil & Gas and Power projects as well as infrastructure disputes.

In addition to the work as arbitrators the partners of the firm act as counsel in dispute resolution before arbitral panels, Swedish and foreign courts.

It is of fundamental importance that the legitimacy of the arbitral process be protected at all times, and the ICC initiative establishes with clarity the parties» duty to cooperate in good faith and to behave with integrity for the sake of the fair and efficient resolution of disputes submitted to our rules.»

The drafts I propose here are for transactional disputes, and specifically for AODR that generates arbitral awards in the millions of claims for debt and breach of contract.

Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral awards);

Advising the EPC Contractor on disputes arising from a # 150m waste - to - energy facility, including arbitral proceedings.

If a right of set - off is accepted in principle, then the better position for a seller is for the claim to have been determined and agreed under an arbitral award (or whichever other dispute resolution process is applicable); the main alternative and slightly weaker position for a seller is for the matter to be decided by a relevant expert (depending on the nature of the claim).

We represent those clients in all aspects of litigation and dispute resolution in trial and appellate courts throughout the country at the state and federal level, as well as arbitral forums such as JAMS, AAA, FINRA and the SEC.

Mr. Figueroa represents foreign governments and corporate clients before U.S. federal courts and international arbitral tribunals, including the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR).

«The book has proved to be a useful tool for foreign professionals acting in Swedish international arbitral proceedings; this, combined with the importance of Sweden as preferred venue for dispute resolution involving parties from CIS countries, led the SAA and SCC to work on a Russian translation of the book», said SCC Legal Counsel Natalia Petrik.

Today, the SCC has become the second largest arbitral institution in the world for the administration of disputes between investors and states under its own rules.

Broadly speaking, arbitration sees two parties agree to convene to resolve a dispute, with one granted an arbitral award by whoever is overseeing proceedings.

Kristin has experience representing individuals, companies and sovereign states in their disputes in U.S. courts and before international and domestic arbitral tribunals in a wide range of industries.

As lead trial and arbitral counsel in multijurisdictional disputes, he has tried cases around the world, including Argentina, Brazil, Chile, El Salvador, Geneva, London, and Venezuela.

In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.