Sentences with phrase «arbitral settings»

We have — and will — take cases through to trial and have successfully done so both in court and arbitral settings.

This advanced writing seminar will help prepare students for the types of writing that are common to all civil litigation, while introducing them to oral and written advocacy in an arbitral setting.

Not exact matches

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

This is because after setting aside an arbitral award, arbitration proceedings are not recommenced.

The case concerned arbitral proceedings in which an arbitral award was set aside on the basis of a party being unable to present its case.

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such awards.

Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.

Article V (1)(d) of the Convention sets out the fourth enumerated defence to the recognition and enforcement of a foreign arbitral award.

It is doubtful, however, that such exclusion of right of recourse extends to the setting aside of an arbitral award under section 48 of the Arbitration Act.

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.

To the extent that the arbitral award is not covered by a valid arbitration agreement, it will most certainly be set aside.

Most prominent among these are the provisions of the BIT providing for an investor - State arbitral mechanism (set out in Art. 8), and the provisions of the BIT providing for an inter-State arbitral mechanism (set out in Art. 10).

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).

The application before the High Court was the first in which a party requested the Singapore courts to set aside an investor - State arbitral award on the merits.

As EU law is the «law of the land» of Member States, the Court had no trouble determining that an arbitral tribunal set up according to the BIT's ISDS provisions «may be called on to interpret or indeed to apply EU law, particularly the provisions concerning the fundamental freedoms, including freedom of establishment and free movement of capital» (para. 42).

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

Shelbaya agrees that the Egyptian courts adopt a «liberal approach to arbitration», putting in place «stringent criteria» for the setting aside of an arbitral award, as well as routinely recognising and enforcing foreign awards in Egypt.

Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.

The Supreme Court allowed the appeal by a majority of three to two, reversing the High Court and Court of Appeal decisions which had set aside arbitral orders in the appellant's favour.

In June 2014, Professor Scherer joined the IBA Recognition and Enforcement of Arbitral Awards Subcommittee, which focuses on the inventory of meanings of «public policy» as set forth by international commercial arbitrators, national courts, and investment arbitrators.

The arbitral award shall indicate a time - limit for voluntary compliance by the defaulting party, and shall set a daily fee and post-award interests to accrue thereafter against the non-compliant party.

In another ground - breaking case, the Singapore High Court has set aside an investor - State arbitral award on the basis that the tribunal exceeded its jurisdiction...

[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.

[139] It is important to remember that, even if section 44 (2) is repealed and the parties choose not to agree to an appeal under section 44 (1), a party can still apply to court in appropriate circumstances to set aside an arbitral award under section 45 of the Alberta Act.

At any time prior to the close of the proceedings, a party may amend or supplement its claim, counterclaim, defence or set - off provided its case is still comprised by the arbitration agreement and unless the Arbitral Tribunal considers it inappropriate having regard to the delay in making it, the prejudice to the other party or any other circumstances.

The Arbitration Rules constitute a completely new set of rules as regards both their structure and content, complying with Act LX of 2017 on Arbitration and meeting international standards and regulatory needs, with a view to the efficiency, flexibility and integrity of arbitral proceedings.

Upon the Convention coming into force, the DIFC Court of First Instance will be bound to recognise and enforce a foreign arbitral award upon the terms set out in the Convention.

Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

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.

A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than in the statement of defence or, with respect to a counterclaim or a claim for the purpose of a set - off, in the reply to the counterclaim or to the claim for the purpose of a set - off.

We offer truly global geographical coverage, having funded 80 + cases in 13 jurisdictions and under 4 sets of arbitral rules.

(b) Deliver copies of the request for the appointment of an Arbitral Tribunal to the Respondent and simultaneous setting of a time period for the appointment of the party's arbitrator (in the case of an Arbitral Tribunal consisting of three arbitrators), respectively for the notification of acceptance of the Claimant's proposal or for the notification of a counterproposal by the Respondent (in the case of a sole arbitrator), by the Governing Board (Art. 4 (2) of the Rules).

Reciprocal enforcement of judgments in Abu Dhabi and ADGM free zone: a new Memorandum of Understanding («MoU») sets out the framework for the reciprocal enforcement of judgments, decisions and orders and the arbitral awards ratified or recognised by the onshore civil law courts in Abu Dhabi and the common law courts in Abu Dhabi's financial free zone, ADGM.

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.

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».

«Setting aside of arbitral awards» in «Arbitration in Romania — a practitionner's guide», Wolters Kluwer, 2016, eds.

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.

Article V of the 1958 Convention of the Recognition and Enforcement of Foreign Arbitral Awards (the «New York Convention «-RRB- sets out the circumstances in which recognition and enforcement of an arbitral award may be Arbitral Awards (the «New York Convention «-RRB- sets out the circumstances in which recognition and enforcement of an arbitral award may be arbitral award may be refused.

This dispute highlights the inconsistent approach across Europe towards enforcement of arbitral awards which have been set aside in the jurisdiction where the arbitration was seated.

Any Intermediate People's Court intending to invalidate any foreign - related arbitral agreements, set aside foreign - related arbitral awards or deny enforcement of foreign or foreign - related arbitral awards was required to report to the Higher People's Court.

In this case the court refused to enforce a Russian arbitral award of almost nine billion roubles (RUB) which was subsequently set aside by the Russian courts.

The ambiguous legal position of the grounds to set aside an arbitral award since the Arbitration Act 2005 came into force has finally been...

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

In Maximov v NMLK [1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration.

If the Intermediate People's Court intends to invalidate an arbitral agreement, set aside an arbitral award, or refuse enforcement in a domestic judicial review case, it shall report to and obtain approval from the Higher People's Court.

In setting time limits, the arbitrator will manage the proceedings appropriately to conclude the arbitral proceedings as economically and expeditiously as practicable without compromising fairness.

Further, although any relevant institutional rules may set out a framework for the arbitral procedure, they tend to leave detailed procedural matters to be determined in individual cases.