Sentences with phrase «arbitral tribunal within»

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.

Not exact matches

Indeed, some commentators consider that only the subject matter jurisdiction of the arbitral tribunal is a «matter» within the meaning of article V (1)(c), as opposed to the arbitral tribunal's jurisdiction over a particular party.821

Overview Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary and a series of challenges to arbitral...

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

While it is the author's opinion that private arbitral tribunals are likely not within the scope of § 1782, this article highlights the need for a clear answer to the question in the face of ambiguous evidence, and provides avenues to finally settle the issue.

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.

The arbitral tribunal may extend, if necessary, the period of time within which it shall make the award.

If the arbitral tribunal considers that the request is justified, it shall make the correction within 45 days of receipt of the request.

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.

The arbitral tribunal may within 30 days after the communication of the award make such corrections on its own initiative.

Within 30 days after the receipt of the award, a party, with notice to the other parties and the Secretariat, may request that the arbitral tribunal give an interpretation of the award.

Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert's qualifications, impartiality or independence.

Within 30 days after the receipt of the award, a party, with notice to the other parties and the Secretariat, may request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical error, or any error or omission of a similar nature.

The respondent shall communicate its statement of defence in writing to the claimant, to the Secretariat and to each of the arbitrators within a period of time to be determined by the arbitral tribunal.

If the arbitral tribunal considers the request for an award or additional award to be justified, it shall render or complete its award within 60 days after the receipt of the request.

At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine.

In the spirit of this overall duty, the FAI Rules impose a number of obligations on the arbitral tribunal and the parties that are designed to reduce time and costs of the proceedings, including an obligation on the arbitral tribunal to render the final arbitral award within nine months from the receipt of the final award.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

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.

(6) Within ten days of being notified of the arbitral tribunal's decision, a party may make an application to the court to decide the issue and, in the case of the challenging party, to remove the arbitrator.

That is within the jurisdiction of the arbitral tribunal.

Before the arbitral tribunal is appointed, there is no way to determine anything within the arbitration.