Sentences with phrase «arbitral statute»

When an arbitral agreement refers to the arbitral statute «or successor statute» or words to that effect, any time the arbitral statute is changed, so is the arbitral agreement.

That is obviously so, but one might have thought that in interpreting the wording of appeal provisions in both the lease and the arbitration agreement, one should have regard to the fact that under the original lease and the arbitral statute then applicable, there were full rights of appeal.

The Court of Appeal discounted the fact that the lease referred to the 1970 version of the arbitral statute.

The Court of Appeal has held that the parties intended that the wording of the arbitral statute from time to time in force would apply to any arbitration under the lease.

Not exact matches

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.

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the dearbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the deArbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

[82]... in an age of global commerce, one should take care to ensure that Ontario's common law does not end up taking a more restrictive approach to the recognition and enforcement of foreign judgments than found in its statutes concerning the recognition and enforcement of foreign arbitral awards.

Among other things, he has defended corporations and executives in federal, state, arbitral and regulatory claims involving franchise disputes, unfair competition, breach of contract, tortious interference, fraud, bad faith, professional malpractice, trademark infringement, business divorce, commercial real estate and leasing disputes, non-compete covenants, RICO laws and Qui Tam statutes.

For almost 130 principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academic sources.

In Nigeria's case, the existing federal statute (the Arbitration and Conciliation Act (Cap A19, Laws of the Federation of Nigeria, 2004)-RRB- is based on the Model Law, but there is a generally held view among arbitral practitioners that the present law (which is a re-enactment of a piece of legislation passed in 1988) does not meet modern best practice standards.

Join us to discuss (a) the enforcement of English judgements and arbitral awards in Russia / CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in investment arbitrations involving CIS states and CIS investors.

With impending amendments to the Arbitration Act, 1991 on the horizon, practitioners should be examining arbitral agreements carefully, as they may be about to be amended by statute.

In Ontario, with virtually identical provisions in most other provinces» arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receivers.