Sentences with phrase «arbitral process»

«The courts when called upon to exercise the supervisory role assigned to them under [AA 1996] are acting as a branch of the state, not as a mere extension of the consensual arbitral process.

Scandals such as the French Tapie affair and the perceived inappropriate use of the private arbitral process to resolve commercial disputes involving governments and tax payer money have prompted calls for further regulation.

The new third edition of International Commercial Arbitration will comprehensively address all aspects of the international arbitral process — including international arbitration agreements, international arbitral procedures and international arbitral awards.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

«intended to exert and did, in fact, exert commercial pressure on [the Claimant] before and throughout the arbitral process».

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.

Bringing Fraud Claims under an Arbitration Agreement — Does the Arbitral Process Pack Enough Punch?

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.»

However, before jumping to the tempting conclusion that this indicates excessive scope for intervention by the English courts, one must bear in mind that not all these decisions will have involved challenges to the arbitral process.

However, the shipowner had raised the issue of bias against the arbitrator, seeking to «reserve» its position, but continued with the arbitral process, which had led to an award.

Moreover, insofar as the court was required to have regard to Art 6 of the European Convention on Human Rights (which provides a right to a fair hearing of civil claims), Art 6 was not violated as there were safeguards under AA 1996 to ensure that the arbitral process was not infected by partiality on the part of the arbitrators (ss 24 and 33) or serious injustice by virtue of procedural irregularity (s 68).

His Lordship emphasised the importance of upholding party choice vis - à - vis the arbitral process — irrespective of the fact that no party has any choice about whether to arbitrate, let alone decide the composition of the tribunal, when they contract with CSAT; some explain this on the basis that CSAT is a special case, being a tribunal of an international organisation.

Despite the concerns raised above, it is clear that the general guidelines are aimed at ensuring that the arbitral process is conducted fairly and, as such, they are a step in the right direction worth taking.

Does the blanket of confidentiality covering the arbitral process also extend to any court proceedings relating to the same?

Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the arbitral process by some other means from the court.

Khawar Qureshi QC examines recent case law testing the impact of human rights on the arbitral process

In the context of party choice — one of the twin pillars of the Arbitration Act 1996 (AA 1996), the other being finality of process — there remains a tension between «ring fencing» the arbitral process and the extent to which fundamental principles of justice can or should be excluded from that process by the parties choosing to opt out from them.

The courts have recently considered two issues of principle: the nature and effect of contractual provisions referring to the arbitral process vis - à - vis Art 6; and The extent to which Art 6 applies to the court review process pursuant to AA 1996.

That in itself is consistent with the consensual nature of the arbitral process, and provides a timely reminder that parties should always check the nature and effect of the arbitral provision before agreeing to the same, as well as raising a proper challenge to the process at the first opportunity.

Arbitrators are generally required to meet a baseline level of neutrality by disclosing any potential ethical conflicts and remaining independent and impartial throughout the arbitral process.

It is of fundamental importance to the integrity of the arbitral process that arbitrators are independent and impartial, and are seen to be so.

However, the record of Egyptian decisions concerning the interpretation and application of the New York Convention «shows an entrenched respect for the arbitral process», says Shelbaya.

The arbitral process is a unique one in that it intersects the private and public spheres.

Throughout the arbitral process, it had become a battle between «David and Goliath».

Members of the arbitration group regularly sit as arbitrators and this valuable insight into the arbitral process from a different perspective helps us to identify winning strategies.

The Mauritius Convention was adopted by the UN General Assembly in December 2014, by which parties to investment treaties concluded before 1 April 2014 express their consent to apply the UNCITRAL rules on transparency, and is significant with regard to the suggested reforms to the arbitral processes for resolving investor - state disputes to ensure greater transparency and accessibility to the public.

The costs of the arbitration fall into two categories: 1) the costs associated with the arbitral process, namely the arbitrator's fees and those of the administrative body, if any, and 2) counsel fees and the costs of the preparation and presentation of a party's case.

University of Miami School of Law's legendary dean from 1974 - 82, Soia Mentschikoff was a pioneer in the study of the arbitral process in the 1950s and 1960s.

This promotes the principle of party control over the arbitral process.

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.

Our lawyers also have extensive experience in all aspects of the arbitral process, including trial advocacy and presentation.

(And How Does that Affect the Arbitral Process)».

The wide - spread application of transparency under the Convention would not only enhance the accountability of the underlying investor - State relations, but also enable better public control of the arbitral process.

In his speech titled A New Contract between Arbitrators and Parties, Mr. Rivkin offers an analysis of the current situation, as well as suggestions for change aimed to improve time and cost efficiency in the arbitral process; changes deemed valuable also to address current concerns and criticism of international arbitration, not least in an ISDS context.

It has a significant impact on the extent to which courts can intervene in and support the arbitral process.

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.

Prof. Benjamin Hughes will discuss the increasing complexity of the arbitral process and how international arbitration can resume its role as a more efficient method of resolving disputes.

Initiatives to further improve the efficiency of the arbitral process are welcomed.

It committed the parties to establishing an arbitral process to address specific claims in a just, timely, fair and final manner.

The court's role here is to provide support; it is not for the court to supervise or displace the arbitral process.

When representing clients in the arbitral process, Perkins Coie attorneys regularly draft arbitration clauses for international business transactions, prepare risk assessments, mediate, conduct arbitration proceedings, and enforce or challenge arbitral awards.