Sentences with phrase «arbitral tribunals under»

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 arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

- 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.

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.

Since the 4 parties could not resolve their disputes amicably, the same were referred to the arbitral tribunal under clause 34.3 of the PSC.

Not exact matches

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.

Achmea casts serious doubts on the legality of CETA's investment chapter, which allows investors from one Party to submit to an arbitral tribunal a claim that the other Party has breached an obligation under CETA.

The arbitral tribunal was convened in 2010 pursuant to the terms of the bilateral investment treaty between Uruguay and Switzerland under the auspices of the International Centre for Settlement of Investment Disputes, in Washington.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

Courts have exercised the residual discretion they enjoy under article V (1) and have rejected challenges based on an irregular composition of the tribunal where it is clear that a party had previously intended to frustrate the arbitral procedure.

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

Any dispute between one Party and an investor of the other Party relating to the amount or method of payment of the compensation due under article 6 of this Agreement, -LSB-...] may be referred to -LSB-...]: — An arbitral tribunal -LSB-...].»

Under this provision, as well as the equivalent provision of the former French Code of Civil Procedure, the composition of the arbitral tribunal is measured against the will of the parties.

Under article V (1)(d) the drafters of the Convention gave priority to the parties» agreement concerning the composition of the tribunal and the arbitral procedure.

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.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...

Summary: The appellant challenged a Swedish arbitral award under Section 34 of the Swedish Arbitration Act, alleging that the arbitral tribunal either exceeded its jurisdiction or committed a...

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.

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.

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».

The party also argued that the arbitral award was invalid because the tribunal decided a question not eligible for arbitration under Swedish law, namely whether certain transactions constituted unlawful distributions under the Swedish Companies Act.

Arbitral tribunal decisions are widely enforceable internationally (including in China and the United States) under a number of conventions, including the New York Convention, of which the UK is a direct contracting party.

The CJEU rejected in Achmea that an arbitral tribunal established under an international agreement between two Member States could be considered part of the judicial system of the EU (Achmea, para 45).

Acting and advising in a challenge to an LMAA arbitral award under 68 of the Arbitration Act, on the grounds that the tribunal had failed in their duty to act fairly and impartially and failed to consider all the issues which were put to it.

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

Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.

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.

Counsel for Stans Energy Corporation before the High Court of England and Wales defending a challenge brought by the Kyrgyz Republic to the jurisdiction of an arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign Investment Law.

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.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

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.

Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

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.

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...

For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).

He has served as chairman, party - appointed arbitrator, or sole arbitrator on international arbitral tribunals in both «ad hoc» (including UNCITRAL) and institutional arbitrations under the Rules of, inter alia,

In turn, for the appointment of an emergency arbitrator under article 9B, the appropriate question was whether or not relief was required «more urgently than the time that it would take for the expedited formation of an arbitral tribunal».

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, any person appointed by the arbitral tribunal, the BVI IAC and its employees, including the CEO, any member of its Secretariat and any member of any Challenge Committee in respect of any act or omission in connection with the arbitration.

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

In the commercial context, if allegations of behaviour which is unlawful (or contrary to public policy) are raised before the arbitral tribunal, it will have to consider the consequences under the applicable law, and may also be required to have regard to the potential impact of the mandatory law and public policy of the arbitral seat and the place of performance of any relevant agreement, as well as transnational public policy.

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.

Therefore, an interpretation of EU law by an arbitral tribunal in an extra-EU context may be binding under international law, yet it is not authoritative, i.e. binding, under EU law, as EU courts are not required to follow it.

Timothy appears before arbitral tribunals and emergency arbitrators, in expedited arbitration proceedings, international mediations and in «Arb - Med - Arb» proceedings such as those under the SIAC - SIMC Protocol.

Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.

Representing Italy in a dispute with India before the International Tribunal for the Law of the Sea and an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea concerning which of them has criminal jurisdiction over two Italian marines accused of wrongdoing off the coast of India.