Sentences with phrase «arbitral system»

A better system may be an arbitral system that declares what the rights of the parties ought to be according to the justice and circumstances of the individual case.

Against this approach of reforming the present system must be weighed the benefits of enshrining Indigenous rights to land in a completely different protective system to that which presently exists, such as an arbitral system suggested by Justice McHugh.

This experience ensures our clients are served with a deep - rooted understanding of the arbitral system which matches their business needs in any sector or industry.

As often in environmental law, in the framework of the Aarhus Convention preference has been given to a non-binding compliance mechanism over a judicial or arbitral system of dispute settlement.

Not exact matches

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralArbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralarbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralarbitral awards.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

In one sense, the Court's autonomy concern is based on a juristic fiction of a perfect legal system that contains no gaps or lacunae in the protective safety - net it offers to its subjects, and the glorified references to the principle of mutual trust and the EU's foundational values sound somewhat empty in light of arbitral practice and in light of the fact that arbitrary exercises of public power continue to take place within the internal market, with EU law having little to offer to the affected investors.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

Yet the enforcement of international arbitral awards continues to be one of the key challenges of the international arbitration system, complicated further where the non-complying award debtor is a state.

Probably taking into consideration of the aforesaid instance, Mr. Justice Mamnoon Rahman [7] has addressed to the fact that it is the generally accepted principal in each developed legal system that the state court order interim and conservatory measures in support of arbitration despite the powers of the arbitral tribunals to do so.

The whole system is undermined if disputes could be removed from the EU judicial system by taking them to arbitral tribunals, which do not form part of the EU judicial system and consequently can not ask preliminary questions to the CJEU (paras 50 - 52).

The CJEU rejected in Achmea that an arbitral tribunal established under an international agreement between two Member States could be considered part of the judicial system of the EU (Achmea, para 45).

In international law, where there is no integrated judicial system and where every judicial or arbitral organ needs a specific constitutive instrument defining its jurisdiction, «the first obligation of the Court - as of any other judicial body - is to ascertain its own competence.»

The New York Convention2, 1958 (hereinafter «the Convention»), establishes an effective recognition and execution system developed for international arbitral awards for the States parties.

In two of the new cases (the Bangladesh / Myanmar and the Panama / Guinea Bissau cases), the parties have agreed to refer to ITLOS, disputes which ordinarily were within the jurisdiction of arbitral tribunals under the dispute settlement system of the United Nations Convention on the Law of the Sea.

He has extensive experience with arbitral practice, procedure and advocacy both in civil and common law systems....

Previously, the internal reporting system established by the SPC applied only in relation to foreign - related arbitral agreements, foreign - related arbitral awards or foreign arbitral awards.

«We are honoured to have Lindy and Juliet, two outstanding arbitration practitioners, chairing our sub-committees and presiding over our ad hoc arbitral appointments system.

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

This is pulling a fast one on the public and a perversion of the justice system since the fake arbitration award would inevitably be followed by an uncontested entry of judgment based on the arbitral award.

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

Our accident benefits practice group has extensive and well - documented experience defending claims within the FSCO and ADR arbitral forums, and our clients have continued to place their trust in the group to lead them through the emerging License Appeal Tribunal (LAT) system.

The scope of the authority of an arbitral tribunal to alter its award after the issuance of the award has been examined in a recent Scottish case — NKT Cables A / S v. SP Power Systems Limited, -LSB-...]

He specializes in international commercial and investment arbitration, and has represented clients under most major arbitral rules systems.

Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time involved in investment arbitration, lack of transparency and the very narrow grounds on which arbitral awards can be challenged.