Sentences with phrase «arbitration award based»

A Massachusetts court has considered whether a member could seek to overturn an arbitration award based on alleged procedural deficiencies in the hearing.

Not exact matches

Village of Rockville Centrea — An arbitration panel awarded a retroactive 6.6 percent increase in base salaries to members of the police officers union in Rockville Centre, Nassau County, for 2010 and 2011.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.»

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

Parties have also successfully challenged enforcement of awards under article V (1)(c) on the grounds that an award was based on an underlying contract which was not within the subject matter of the arbitration agreement.

The Court of Appeal of England and Wales considered a challenge to enforcement under article V (1)(c) on the basis that the award addressed parties who were not bound by the arbitration agreement.

[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an arbitration award against, among others, non-parties to -LSB-...]

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

Summary: The claimant sought to annul the arbitration award alleging that the arbitrator had exceeded his mandate by basing the award on legally relevant circumstances that had not been referenced...

Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.

The award, based on the research and opinions of thousands of lawyers, recognises Essex Court as the pre-eminent set for international arbitration.

It finds that holding SOEs liable for the award debts of a state can only be supported if an absolutist conception of sovereign personality continues to be adopted and the importance of the notion of consent as a foundational basis for arbitration continues to diminish.

Accordingly, it challenges such conceptions by proposing that if one adopts non-absolutist and non-monolithic conceptions of sovereignty and legal personality, and that if one acknowledges that consent is the foundational basis for arbitration, then there can be no basis for supporting the proposition that an SOE can be held liable for the award debts of a state and its assets executed against in satisfaction of such debts.

The second important lesson is that, when c. 93A damages are sought in uninsured and underinsured claims, multiple damages based upon the arbitration award are available, provided the award is confirmed as a judgment in court pursuant to G.L. c. 251.

In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

The trial judge mistakenly considered this to constitute a change of residence contemplated by the arbitration award and reduced child support, ordering it to be payable on a per diem basis only for the days that the son was in the care of the appellant.

The BC Court of Appeal set aside the reduction of support on the basis the trial judge failed to first determine whether there was a material change of circumstances, and also failed to properly interprete the arbitration award without considering the arbitrator's reasons, the application of the Family Law Act and applicable case law.

«[E] ven if an out - of - State attorney's representation of a party at an arbitration proceeding in Massachusetts might constitute the practice of law, this conduct does not provide a basis to vacate the arbitration award, and, as such, the plaintiffs are not entitled to relief.»

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

On appeal to the SJC, the court said that, even if the lawyers» appearance had been unauthorized practice, that would not provide a basis to vacate the arbitration award.

After the appellants failed to appear at the German arbitration and the Ontario application to enforce the German arbitral award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral award to supply a certified copy of the original award to the application judge.

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

At our request, the arbitration was conducted on a fast - track basis, proceeding from Terms of Reference to a successful award in less than three months.

A refurbishment contract entered into by the insured led to arbitration which the insured settled without the insurer's authority on the basis of a «cap and collar», capping the award if the claimant was successful and agreeing to a payment of USD2 million if the claim failed.

The Washington - based tribunal issued a unanimous award to Crystallex worth $ 1.386 billion ($ 1.2 billion for the value of Crystallex's investment in Las Cristinas plus interest), one of the largest awards in the history of investment treaty arbitration.

NMLK subsequently sought to set aside the Award on the basis of alleged fraud (an argument raised late in the arbitration) and the failure of two arbitrators to disclose links to expert witnesses who gave evidence in the arbitration.

This is an overriding provision which allows Indian courts hearing arbitration - related proceedings to award costs on a more robust basis than before.

This is pulling a fast one on the public and a perversion of the justice system since the fake arbitration award would inevitably be followed by an uncontested entry of judgment based on the arbitral award.

Acting for a US - based investment fund enforcing a London arbitration award in Tanzania resulting in payment

If the courts are reluctant to enforce arbitration agreements or awards, or quick to second - guess arbitrator's decisions, on the basis that the arbitration process lacks some of the procedural protections offered by those courts, then arbitration will inevitably come to look more and more like litigation.

The award derived from work undertaken by our arbitration team based in our Middle East offices.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

While this might be beneficial, at least in the sense that the non-prevailing party might understand, if not appreciate, the basis on which the award was based, there has been an on - going concern that, given the task of comprehensively and accurately articulating all of the acts and factors that are taken into account by an arbitration panel in rendering its award, there might be an understandable (and possibly unavoidable) tendency to oversimplify or generalize the basis on which an award was made, with the resulting explanation or rationale or «findings», whether written or oral, being relied on by the non-prevailing party (and likely by others) as «precedent» to be introduced and relied on at future arbitration hearings.

The court held that the arbitrators did not exceed the scope of their power by granting one party a 25 % share of the commission, and that arbitration awards need not be on a one - half or nothing basis.

Among the reasons for this are the fact that arbitration awards are not appealable on the merits but generally only on the limited procedural bases established in the governing state arbitration statute; that the issues considered by Hearing Panels are often myriad and complex, and the reasoning for an award may be equally complex and difficult to reduce to writing; and that the inclusion of written findings of fact or rationale (or both) would conceivably result in attempts to use such detail as «precedent» in subsequent hearings which might or might not involve similar facts.