Sentences with phrase «arbitral tribunal does»

In such circumstances, each move of the arbitral tribunal does not of itself mean that the seat of the arbitration changes.

Under Article 16 (2) of the Model Law attached to the Ontario ICAA, a plea that the arbitral tribunal does not have jurisdiction must be raised no later than the submission of the statement of defence, and a plea that the arbitral tribunal is exceeding the scope of its authority must be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

● Where the arbitral tribunal does not have the power to do so, or can not be constituted in good time, the English court can still grant an ASI in relation to competing foreign court proceedings outside the EU and EFTA.

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.

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.

Therefore, it can be argued that arbitral tribunals do not necessarily have to be bound by the judicial interpretation of the Supreme People's Court when hearing cases.

The arbitral tribunal has considered the objections raised by the respondents herein that the arbitral tribunal did not have jurisdiction to decide the allegations to forgery, fraud and fabrication and has rendered the jurisdictional award holding that under law of Singapore, the arbitral tribunal has jurisdiction to decide such allegations.

Not exact matches

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.

These remarks do not entirely eliminate the Court's autonomy concerns as arbitral tribunals may well engage with EU law in ways that have an adverse effect on its autonomy.

The Commission also observed that arbitral tribunals are not «competent to authorize» the granting of state aid, and if they do so, «this compensation would be notifiable State aid pursuant to Article 108 (3) TFEU and be subject to the standstill obligation».

Neither does the Court's approach recognize that arbitral tribunals appear to respect the autonomy of EU law, as also testified by the above quotes from intra-EU arbitral awards.

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

The question has arisen whether a party may be estopped from raising the defence to enforcement under article V (1)(d), where it has failed to do so before the arbitral tribunal.

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

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.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the tribunal had not exceeded its mandate and did not breach the principle of equal treatment of the parties.

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).

Has made representations before arbitral tribunals and / or the Tribunal administratif du travail relating to various companies and public institutions, particularly in the hospital and university sectors.

Has made representations before arbitral tribunals and / or the Tribunal administratif du travail involving film or television producers, particularly in their relationships with their performing artists.

Time limits for respondents that do not participate in arbitral proceedings to challenge the tribunal's jurisdiction or resist enforcement

Although the tribunal and administrative body, if any, are generally subject to an obligation of confidentiality and the arbitral proceedings are in most cases held in private, many national laws and arbitral rules do not provide any assurance of confidentiality from the parties or third - party witnesses.

In countries that do allow for punitive damages, there is the question of whether an arbitral tribunal, as opposed to the national courts, has the power to award punitive damages.

So, the first thing the Philippines would need to do would be to persuade the arbitral tribunal that it has jurisdiction over the case.

To do that it would need to show that the dispute it has submitted to the arbitral tribunal falls outside China's exclusion of jurisdiction under Art. 298 (1)(a).

If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.

In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

We propose the following definition: «tribunal established under an Act of the Legislature of Ontario» includes an arbitral tribunal pursuant to the Arbitration Act, 1991 but does not include...

The arbitral tribunal shall have the power to issue such an order unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.

The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized the arbitral tribunal to do so.

Do we need an appellate mechanism to control arbitral tribunals?

Must an arbitral tribunal seek the assistance of a court to do so?

7.5 Does the law of your jurisdiction allow for the national court and / or arbitral tribunal to order security for costs?

27 (1) If the party who commenced the arbitration does not submit a statement within the period of time specified under subsection 25 (1), the arbitral tribunal may, unless the party offers a satisfactory explanation, make an award dismissing the claim.

8.2 What powers does an arbitral tribunal have to order disclosure / discovery and to require the attendance of witnesses?

The 1996 Act does, however, impose, an overarching «general duty» on the arbitral tribunal (section 33).

Russia argued that the «[Ukraine - Russia BIT] can not serve as a basis for composing an arbitral tribunal to settle [the Claimants» claims]», and that it «does not recognize the jurisdiction of an international arbitral tribunal at the [PCA]».

It is wrong to consider that the arbitral culture, drawing upon the very best practices of good commercial courts, does not empower the arbitrator, the tribunal and the institution to require efficient and fair process based on cooperation in good faith of parties.

The only expertise brought by the arbitral tribunal to the process of interpreting the lease was legal expertise, and the court, which is comfortable with interpreting commercial agreements and rightly considers itself expert in doing so, undoubtedly felt that it should have little reluctance in setting the tribunal's award aside.

With respect to the meaning of the word «value» in the lease, the majority of the arbitral tribunal referred to dictionary meanings and concluded that the ordinary meaning of «value» did not mean «depreciated cost».