Sentences with phrase «arbitral tribunals order»

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.

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.

Not exact matches

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

In the arbitral award, the tribunal had found the appellant in breach of EU competition law and ordered it to pay damages.

Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...

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.

Indeed, the majority further expressed the view (obiter) that an arbitral tribunal could order a final (rather than interim) award requiring compliance with the DAB's decision if that is all that the tribunal was asked to rule on.

In such a fashion, courts should only intervene in order to assist the tribunal (e.g. the arbitral tribunal is not empowered to issue precautionary measures) or to control the lawfulness - not the merits - of the award (e.g. annulment action).

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.

The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

- there is no need to give an arbitral tribunal the power to order security for costs against a third party funder, as the powers of an arbitral tribunal under the Arbitration Ordinance to order a party to give security for costs afford adequate protection.

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 party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that: (a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and (b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim.

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.

Any deposit of security for costs ordered by the tribunal pursuant to article 26 shall be directed to the Secretariat and disbursed by it upon order from the arbitral tribunal.

If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.

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 has the power to take appropriate measures, including issuing an order or award for sanctions or costs, if a party breaches the provisions of paragraphs 6 and 7 of this article.

Arbitral tribunals generally have a broad power to make procedural orders.

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.

If a party fails to comply with an order of the arbitral tribunal, the tribunal must first issue a peremptory order specifying a time for compliance.

Enforcement of preliminary relief and interim measures ordered by an arbitral tribunal in England and Wales is a two - step process.

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?

The court will not act unless the applicant has exhausted any available arbitral process, which addresses the failure to comply with the tribunal's order (section 42 (3)-RRB-.

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

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

18 (1) On a party's request, an arbitral tribunal may make an order for the detention, preservation or inspection of property and documents that are the subject of the arbitration or as to which a question may arise in the arbitration, and may order a party to provide security in that connection.

Both the courts and the arbitral tribunal are empowered to order security for costs in certain circumstances.

In such cases, courts and arbitral tribunals are likely to scrutinise the contracts carefully in order to determine the scope of the arbitration agreement (in Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWCA Civ 437, the argument was unsuccessful; in C v D1, D2 and D3 [2015] EWHC 2126 (Comm), the argument was successful).

It is envisaged that one such scenario could be where the foreign arbitral tribunal has power to make an interim order, but that order can not otherwise be enforced in

In his view, the second letter gave Levicom no advice about how damages were to be measured if they wished to claim them, either because an order for the disposal of the shares (which Linklaters were advising should be sought from the arbitral tribunal) might not be made, or for any other reason.

While section 9 of the Ontario ICAA says that an order of the arbitral tribunal for an interim measure of protection is subject to the provisions of the Model Law as if it were an award, a court in another jurisdiction may not consider it to be so.

If it is likely that the opposite party will abide by the order and the parties simply need a preliminary ruling on a matter, and if a faster hearing can be obtained before the arbitral tribunal than before a court, then the motion likely should be brought to the arbitral tribunal.

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.

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.

The decision appears to leave open the possibility of appealing an arbitral decision if it amounts to a «final order» even if it is not the final award of the tribunal: Universal Settlements International Inc. v. Duscio.

An interim arbitral order which is not a final award of the arbitral tribunal may not be enforceable outside the place of the arbitration.

If the order must be enforced out of the jurisdiction of the place of the arbitral tribunal, a court motion may be more appropriate in order to obtain an order that another court will enforce.

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: