Sentences with phrase «arbitral tribunal»
"Arbitral tribunal" refers to a group of people appointed to make decisions and settle disputes outside of a court system. They act like judges and listen to both sides of a disagreement, then provide a fair and binding resolution that all parties involved must follow. Full definition
Chairman or member of Arbitral Tribunals in more than 150 commercial or investment arbitrations carried out under the rules of the ICC, ICSID, UNCITRAL, SCC, LCIA, AAA, Vienna Arbitral Chamber, Milan Arbitral Chamber and the Cairo Regional Centre for International Commercial Arbitration.
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7.6 What is the approach of national courts to the enforcement of preliminary relief and interim measures ordered by arbitral tribunals in your jurisdiction and in other jurisdictions?
However, BITs also contain compromissory clauses by which disputes concerning the interpretation or application of disputes under these treaties can be brought before arbitral tribunals established under the BIT.
Most bilateral investment treaties concluded between the Chinese and OBOR governments allow an investor to bring investment claims against the host country before an international arbitral tribunal constituted under the UNCITRAL Arbitration Rules (the UNCITRAL Rules).
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.
Thirdly, the incompatibility of ISDS provisions with EU law raises an obligation on arbitral tribunals to reconsider their jurisdiction under intra-EU BITs.
But that just leads to the conclusion that a State - to - State arbitral tribunal does not fall outside the scope of Art. 344 as being a «method of settlement other than those provided for [in the Treaties]».
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.
Principally, the growing fear of having privately constituted arbitral tribunals decide disputes in a manner that exposes host States to legal and financial risks and in a way that might negatively impact the host States» sovereign right to regulate matters of public interest merit due consideration and attention.
(h) «court» means a court of law or an administrative or arbitral tribunal established by a Contracting State;
As a way to address this issue, this article proposes a «two - options» approach, under which arbitral tribunals order restitution as the first option, and compensation as the second option, enabled when the first option fails.
This means that the provisions of intra-EU BITs that provide for ISDS and form the basis of the consent of Member States to arbitration are inapplicable; hence, arbitral tribunals lack jurisdiction under intra-EU BITs.
In formal dispute resolution, Phillip leads and manages litigation and international arbitration cases including appearing as lead advocate before institutional and ad hoc arbitral tribunals throughout the Asia Pacific region.
Chair of a three - member arbitral tribunal hearing a dispute governed by the ICDR Procedures arising from a contract in the biomedical industry between parties in Sweden and the United States.
He has appeared before a wide range of international tribunals including arbitral tribunals established under bilateral investment treaties, WTO panels and the WTO's Appellate Body.
6 months from reference, may be extended upon a reasoned request from arbitral tribunal or if otherwise deemed necessary by SCC Board
He appears in both courts and before arbitral tribunals at all levels.
What this blogpost strives to do is to take issue with the Court's understanding that arbitral tribunals interpret and apply EU law in ways that pose a threat to its autonomy.
Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award costs in international arbitration.
This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.
He has chaired arbitral tribunals in both English and Spanish.
Giorgio Sassine - There Should be an Answer to § 1782 (a)-- as to whether its scope includes private arbitral tribunals
Against this background, the ICC Commission's Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion.
By pointing to the wording of the relevant provisions regarding arbitral tribunals» jurisdiction over investor - state disputes in situations where the host state has expropriated investments, the Svea Court of Appeal came to the conclusion that: ``... article 10 of the Treaty does not include an examination of whether expropriation has taken place.
As R wishes to see the claim settled, R offers $ 2.5 million to C subject to the condition that if the offer is rejected R reserves the right to submit its rejected offer to the relevant arbitral tribunal in such manner that the tribunal will only be informed of it after the tribunal has decided the merits and quantum of the case and is ready to determine how to allocate the costs of the arbitration.
Kristin has experience representing individuals, companies and sovereign states in their disputes in U.S. courts and before international and domestic arbitral tribunals in a wide range of industries.
Sought $ 50 billion of damages from the Russian Federation on behalf of former controlling shareholders of Yukos, the largest potential award in arbitral tribunal history
The increasing prevalence of such claims is troubling to many because it puts international investment arbitral tribunals in the position of evaluating the policies of host states.
On February 29, 2016, Cecilia Malmstrom, European Commissioner for Trade, and Chrystia Freeland released a joint statement announcing that an agreement was reached to replace the «ad hoc» arbitral tribunals outlined in CETA, with a permanent tribunal whose members will be appointed in advance and will bound by strict ethics regulations.
Assists a Western European company (tourism) on legal issues in its investment on a resort - village in Madagascar; representation of the same company before Malagasy courts and an ICC arbitral tribunal
According to the ICC Report, the majority of arbitral tribunals adopted as a starting point a rebuttable presumption that the successful party can recover its reasonable costs, in other words the principle of «costs follow the event».
Section 25 of the Note to Parties and Arbitral Tribunals says:
He emphasizes that the role of these damages is vaguely defined, which prevents arbitral tribunals from awarding them in most cases.
In so doing, he underscores the crucial role played by courts in support of foreign arbitration, while also shedding light on the interactions between arbitral tribunals and Turkish courts.
Furthermore, an emergency decision ceases to be binding if an arbitration procedure is not commenced within 30 days, alternatively the case has not been referred to an arbitrator or arbitral tribunal within 90 days, from the date of the emergency decision.
In 2004, a Nigerian arbitral tribunal made an award of «$ 152,195,971 plus Naira 5m plus interest at 14 % per annum» in IPCO's favour.
«Great Game» politics in the Asia - Pacific has just changed irrevocably, especially for all parties, claimants, and affected constituencies in the South China Sea, after the Annex VII UNCLOS arbitral tribunal released its 12 July 2016 Award in Republic of the Philippines v. People's Republic of China (Permanent Court of Arbitration Case No. 2013 - 19).
He held that the LCIA had considered that there was not sufficient urgency to require the appointment of an emergency arbitrator before the appointment of the full arbitral tribunal.
At Foley Hoag, he will be defending sovereign State clients against claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and other arbitral tribunals.
Do we need an appellate mechanism to control arbitral tribunals?