Sentences with phrase «arbitral tribunals at»

He appears in both courts and before arbitral tribunals at all levels.

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]».

Reliance is placed on para 51 of the order passed by the learned single Judge which recorded that the interim relief granted to continue till arbitral tribunal at London passes such other order or directions.

Liberty is also granted to the parties to raise defenses before the arbitral tribunal at London or to file an application for such other measures.

Not exact matches

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.

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920 Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party from asserting any defect of the arbitral procedure at a later stage if it had the opportunity to raise a reservation in a timely manner during the arbitral proceedings.

At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration?

His practice spans a wide range of litigation in federal and state courts at the trial and appellate levels and before arbitral tribunals.

60 days counted from first business day following date fixed for presentation of final briefs, and may be extended by another 60 days at discretion of arbitral tribunal.

60 days from closure of the hearing or lastsubmission provided that parties, at request of arbitral tribunal, can extend this period in writing and signed by the parties

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.

Vaughan Lowe is a practising Barrister at Essex Court Chambers, mainly in the field of international law, with cases in the International Court of Justice, the ECJ, the ECHR, the ITLOS, the Iran - US Claims Tribunal, ad hoc Arbitral Tribunals and courts in England and Hong Kong, among others.

Widely recognised as one of the world's leading arbitrators, Fortier — former Canadian ambassador to the UN, honorary LCIA vice-president and ad hoc judge at the ICJ — has served on more than 100 arbitral tribunals and more than 30 investor - state dispute panels.

She has acted as counsel as well as secretary to the tribunal in ad - hoc arbitrations and before major arbitral institutions (including ICC, DIS, VIAC, NAI, CAS), at multiple seats and governed by a variety of substantive and procedural laws.

If a mutually satisfactory resolution is still not arrived at, the matter can be referred to an arbitral tribunal established under Chapter 8.

If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and if so delivered shall be deemed to have been received.

If a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the report, participate in a hearing where the parties have the opportunity to put questions to him or her and to present expert witnesses in order to testify on the points at issue.

If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.

Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is given a reasonable opportunity of presenting its case.

If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.

The arbitral tribunal may meet at any location it considers appropriate for deliberations.

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.

Unless the parties have agreed otherwise, the arbitral tribunal may order that pre-award and post-award interest (either simple or compound) be paid by any party on any sum awarded at such rates as the arbitral tribunal decides to be appropriate (without being bound by rates of interest practised by any state court or other legal authority).

The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the proceedings at any time before the award is made.

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.

The arbitral tribunal may, at any time, after inviting the parties to express their views, extend or abridge any period of time prescribed under these Rules or agreed by the parties.

The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties.

The arbitral tribunal may, at the request of a party, grant interim measures.

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.

Where, with the consent of the parties, the arbitral tribunal appoints a secretary, such secretary shall be remunerated at a rate which shall not exceed US$ 200 per hour.

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.

Prior to joining Three Crowns, Philipp clerked at the Permanent Court of Arbitration in The Hague, the Netherlands, where he assisted arbitral tribunals on major investor - and inter-State disputes, including arbitrations relating to natural resources, maritime and land boundaries, infrastructure, and the law of the sea.

Final decisions of the SIX Sanctions Committee can be appealed to an independent appeal body or to a special arbitral tribunal, depending on the violation at stake.

Under the Rules, parties have the option of paying arbitral tribunals» fees by hourly rate (capped at HK$ 6,500 or approximately US$ 830) or by reference to an ad valorem fee scale.

After filing the petition before the High Court of Malaysia, the respondents made a request to the tribunal to conduct the remaining arbitral proceedings at Kuala Lumpur, but their request was rejected vide order dated 20.4.2006 and it was declared that the remaining arbitral proceedings will be held in London.

By another order dated 30.10.2003, the arbitral tribunal directed that the hearing of the application filed by the claimants for taking on record the supplementary claim will take place at London on 15.11.2003, on which date, the following order was passed in Arbitration Case No. 3 of 2003:

The arbitral tribunal fixed 28.3.2003 as the date of hearing at Kuala Lumpur (Malaysia), but due to outbreak of epidemic SARS, the arbitral tribunal shifted the venue of its sittings to Amsterdam in the first instance and, thereafter, to London.