Sentences with phrase «arbitral proceedings for»

National laws of the seat of the arbitration may provide that the court is entitled to order consolidation of connected arbitral proceedings for example via the Arbitration Act in the Netherlands; the California Code of Civil Procedure and Canadian Provincial laws.

Not exact matches

United by their common enthusiasm and ongoing dialectics in delving into legal topics linked to corporate dynamics, Alberti & Fontana deals with M&A, industrial and intellectual property (trademarks, patents, unfair competition, copyright), labor and corporate law, out - of - court stage (drawing up and providing consultancy for corporate contracts, company deeds, license contracts), as well as contentious, arbitral and administrative proceedings.

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.

In 2007 Spanish investment companies initiated arbitral proceedings against the Russian Federation, administered by the Arbitration Institute of the Stockholm Chamber of Commerce, seeking compensation for alleged lost investments in the Russian oil company Yukos under the Russia - Spain BIT.

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.

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.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.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

At the same time, the Arbitration Law sets out the circumstances in which the courts may support and supervise the arbitral process by, for example, granting orders in relation to interim measures, the taking of evidence and staying court proceedings in favour of arbitration.

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.

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);

«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.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

JAMS serves both as an international arbitration institution to leading international arbitration law firms, and as a provider of international arbitrators to other arbitral bodies including AAA, ICC, LCIA, HKIAC, and for ad hoc proceedings under UNCITRAL and UNIDROIT principles.

He held that as a matter of language, context and logic, «other costs» could include the costs of obtaining litigation funding, given that they were related to, and for the purpose of, the arbitral proceedings.

Time limits for respondents that do not participate in arbitral proceedings to challenge the tribunal's jurisdiction or resist enforcement

He has acted in significant recent cases concerning the limits of the jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm)(ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd's Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

When the advances are paid and the arbitral tribunal is constituted, the SCC refer the case to the arbitral tribunal, for them to continue the proceedings.

Subject to paragraph 2 of this article, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced.

He has acted for large regional developers, contractors and subcontractors, advising clients in respect of initial disputes and providing assessments of the strengths and weaknesses of Employers, contractors and subcontractors claims and counterclaims before arbitral or local court proceedings are commenced.

The UNCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship.

The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so as to avoid unnecessary delay and expense and to provide a fair and efficient process for resolving the parties» dispute.

During the course of the arbitral proceedings, a party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set - off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it or prejudice to other parties or any other circumstances.

Martinez - Fraga and Reetz will discuss the evolving relationships between international commercial arbitration and the increasingly significant field of investor - state arbitration, including the use of the U.S. courts to obtain discovery of evidence for use in those proceedings and the differing standards used for enforcement of international commercial and investor - state arbitral awards.

Within 10 days after the arbitral proceedings have been concluded («the request period»), a party may request return of that party's documents and JW will arrange for return of said documents.

The arbitrator will conduct as soon as practicable, and absent extraordinary circumstances, within 20 days of appointment, an initial CMC either telephonically, or in person, for the planning and scheduling of the arbitral proceedings.

In Cassation No. 1 of 2017 (JT), the Judicial Tribunal ruled that a London - based arbitral award was not enforceable in the DIFC Courts in accordance with the New York Convention 1958 because the debtor had brought parallel proceedings with the Dubai Courts - affiliated Centre for Amicable Settlement of Disputes.

The arbitral proceedings may continue, and an award may be granted, at the same time that an application to the court for the determination of a preliminary point of jurisdiction is pending (section 32 (4)-RRB-.

These exceptions to the obligation of confidentiality are most often relevant with regard to the arbitral award: for example, a party may have to disclose the award to the court when bringing recognition and enforcement proceedings.

For the sake of completeness, it should be noted that the court can also address the substantive jurisdiction of the arbitral tribunal in proceedings for the recognition and enforcement of foreign arbitral awarFor the sake of completeness, it should be noted that the court can also address the substantive jurisdiction of the arbitral tribunal in proceedings for the recognition and enforcement of foreign arbitral awarfor the recognition and enforcement of foreign arbitral awards.

Under section 72 of the 1996 Act, a party who takes no part in the arbitral proceedings can apply to the court for a declaration or injunction restraining arbitration proceedings by challenging: (i) the validity of an arbitration agreement; (ii) whether the arbitral tribunal has been properly constituted; or (iii) the matters that have been referred to arbitration.

A party can only apply to the court for a ruling on jurisdiction during arbitral proceedings in two circumstances:

However, the working group found a consensus that «the risk of multiple proceedings or conflicting decisions should not outweigh the risk that parties wishing to avoid their commitment to arbitrate, or to delay or disrupt arbitral proceedings, might commence an action which includes claims that are both within and without the scope of the arbitration agreement or unnecessarily names persons who are not parties to the arbitration agreement for tactical reasons.»

Legal rights of third parties not a party to the arbitration proceedings will not be affected and there will be no requirement for disclosure to or recordal of arbitral awards involving IPRs with the respective Registries of the Hong Kong Intellectual Property Department.

He has defended a Spanish company in two high - value arbitration cases for the acquisition of a Brazilian group of companies, winning damages over the sellers» contractual liability, who further sought vacatur of the awards in judicial proceedings in New York on the grounds of lack of impartiality of the President of the Arbitral Tribunal.

The SIAC has issued a proposal for the adoption by arbitral institutions of a protocol for the consolidation of arbitration proceedings conducted under different institutional rules of arbitration.

Although this case was very fact specific (and the facts here were particularly complex), there is clearly a danger that in other circumstances, solicitors giving over-optimistic advice to a client contemplating bringing court or arbitral proceedings about the prospects of success will be liable for substantial damages if the client as a result proves that as a result it thereby lost a chance to settle a claim on more advantageous terms.

Counsel for German, Russian and American companies in proceedings to enforce foreign judgments and arbitral awards in Ontario.

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 increasing presence of «the State» (in the broad sense) in general economic life has led to a need for renewed statutory and judiciary response to issues as diverse as vulture funds litigation involving sovereign debt, enforcement of arbitral proceedings against States (and similar entities),...

Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the Tribunal, shall be communicated by the Tribunal to the Registrar and the Clearing House.

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.

If the Claimant fails within the time specified under these Rules or as may be fixed by the Registrar, to submit its Statement of Case, the Registrar may issue an order for the termination of the arbitral proceedings or make such other directions as may be appropriate in the circumstances.

At that stage, the respondents filed OMP No. 255 of 2006 under Section 9 of the Act in Delhi High Court for stay of the arbitral proceedings.