Sentences with phrase «arbitral proceedings where»

Not exact matches

Similarly, the entire judgment and the Court's main conclusion were premised on the situation where an arbitral tribunal interprets and applies EU law, indicating that the judgment has no impact on pending proceedings where EU law plays no (or only an indirect) role.

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.839

The same result has been reached in cases where the party opposing enforcement has alleged that the arbitral procedure was irregular, but at the same time chose not to participate in the proceedings.

When an option, we assist our clients with court appeals and other court challenges in respect of arbitral awards, in the enforcement of awards that have not been complied with or in resisting enforcement where appropriate, including working with trusted foreign counsel should the relevant proceedings be abroad.

Another approach to avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to enforce a foreign arbitral award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.

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.

Leggatt J made it clear that where institutional rules provide parties with quick relief through the arbitral process, they also have the effect of limiting the English courts» ability to use their powers to support the arbitral proceedings.

If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.

Where a party is seeking to resist being joined to arbitral proceedings or to have numerous existing arbitrations consolidated, it is important to remember the following:

Where a company subject to investigation is also involved in ongoing civil proceedings (before the courts or an arbitral tribunal) that relate to the conduct under investigation, the parties may seek to stay those proceedings pending the outcome of the investigation.

First, an application can be made where all parties to the arbitral proceedings agree in writing.

● Where the arbitral tribunal does not have the power to do so, or can not be constituted in good time, the English court can still grant an ASI in relation to competing foreign court proceedings outside the EU and EFTA.

The section on conduct and procedure of an arbitration where the seat is in Nigeria includes matters such as: the appointment and challenge of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure and evidence; default powers of the tribunal; and multiparty proceedings.