Obtained international
arbitration award for venture capital firm for an additional 1,124,791 shares in Swedish public company because it was shortchanged when its debt was converted to equity in connection with the merger of a Dutch company into that Swedish company.
Obtained a positive
arbitration award for a hospital confirming that there is no need to fill a vacant position during the notice of elimination period.
-- Instructed by Orrick, Herrington & Sutcliffe LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to enforce
an arbitration award for in excess of # 50 million against an Indian entity.
-- Instructed by Orrick, Herrington & Sutcliffe LLP LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to enforce
an arbitration award for in excess of # 50 million against an Indian entity.
Somogyi involved an attorney who won
an arbitration award for fees owed to him for representing appellant in a dissolution proceeding, with the award of $ 62,881.49 later being confirmed into a judgment.
Obtained a binding
arbitration award for a Chicago area medical doctor who sustained injuries in an auto accident.
Arbitration — Claim in arbitration rejected and costs awarded against claimant — Appeal against
arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) and 70 (6).
Eventually the plaintiffs» estate got
an arbitration award for both plaintiffs.
The business attorneys of Colson Hicks Eidson obtained a $ 9 million
arbitration award for clients against a «Big 4» national accounting firm.
Participated in obtaining an $ 8 million final
arbitration award for a non-profit hospital against an affiliate of a multinational pharmaceutical conglomerate and defeated the affiliate's $ 43 million counterclaim, all of which was confirmed by a federal district court
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.
-- $ 6 million settlement on behalf of the parents of 13 - year - old boy who drowned in an apartment complex swimming pool (2016); — $ 528,000 jury verdict in Philadelphia for a worker injured when he fell through scaffolding (2015); — $ 700,000
arbitration award for a school teacher who suffered a mild traumatic brain injury in a car accident (2016); — $ 1 million policy limit settlement for a man injured in an automobile accident.
Obtained
arbitration award for a large Internet company against an overreaching landlord which had made claims related to the lease of client's primary office.
As for
arbitration awards for teacher contracts, arbitrators came down on the side of the boards of education and teachers at about the same rate.
CPLR 7501 et seq. similarly sets forth the standards for judicial review of
arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.
The supreme court held that courts may only overturn
arbitration awards for a manifest disregard of a contract provision or a completely irrational result.
Not exact matches
If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal
for a final and binding
arbitration process — but any resulting
award is legally enforceable.
An
arbitration panel
awarded him $ 1.3 million
for breach of contract.
Also, in Q2 / 18 the company may receive a favorable ruling from an
arbitration tribunal that could
award substantial damages, which could be a major near - term catalyst
for the stock, significantly adding to the company's balance sheet and initiating a re-rate in the marketplace.
Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the
award, saying the court had jurisdiction because the ICC
arbitration was held in New York and PDVSA had not responded to a demand
for payment.
As previously disclosed, the Company received a final judgment in its favor
for a total of US$ 1.9 million plus interest from the US District Court
for the District of Arizona in January, 2016 related to an arbitral
award of R$ 7.8 million, including interest and penalties, from a Brazilian
arbitration panel.
On the other extreme, in a December 2010
award to the union representing St. Lawrence County sheriff's deputies, an
arbitration panel chairman faulted the county's leaders
for seeking a wage and benefit freeze from deputies without seeking «even a small sacrifice from County taxpayers or other groups.»
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.
If a binding
arbitration results in an
award with raises
for the officers in 2011, we will not have enough money in the County Budget to pay
for the raises.
The Bellone administration said the contracts represented a better deal
for taxpayers than
arbitration awards of the past.
For any matters which are not subject to
arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an
arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.
(b) any appeal of an
arbitration award, whether to the arbitrator or the courts,
for the purpose of vacating or modifying the
award; or
The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding
arbitration under the Federal
Arbitration Act in conformity with the Rules and Procedures as established by the American
Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds
for vacation of an
award under applicable
arbitration statutes).
Although under some laws HBO may have a right to an
award of attorneys» fees and expenses if it prevails in an
arbitration, HBO agrees that it will seek such an
award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought
for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.
If the
arbitration is decided in your favor - which occurs if there is an
award to you that is greater than the value of HBO's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse HBO
for any of the fees and costs advanced.
«(1) TIME
FOR FILING DEMAND - Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district cou
FOR FILING DEMAND - Within 30 days after the filing of an
arbitration award with a district court under subsection (a), any party may file a written demand
for a trial de novo in the district cou
for a trial de novo in the district court.
In the event a party fails to proceed with
arbitration, unsuccessfully challenges the arbitrator's
award, or fails to comply with the arbitrator's
award, the other party is entitled to costs of suit, including a reasonable attorney's fee
for having to compel
arbitration or defend or enforce the
award.
It is well known globally
for its world - class and
award - winning
arbitration group, and also specialises in Banking and Project Finance, Mergers and Acquisitions, Capital Market Procedures and Transactions, Oil & Gas, IT, Anti-Trust and Litigation.
Schulman lost the
arbitration, but she successfully vacated the
award because the arbitrator failed to disclose that he was handling another
arbitration for the law firm representing Ovitz...»
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
Indeed,
arbitration now seems to be commercial parties» first choice
for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral
awards, as well as confidentiality of arbitral proceedings.
Acting
for a Russian bank in relation to proposed enforcement proceedings relating to an LCIA
arbitration award against an individual borrower in Cyprus and other jurisdictions, including asset freezing relief.
As Director of
Arbitration and ADR, North America,
for the ICC International Court of
Arbitration, she advised North American companies, law firms and parties on all phases of ICC
arbitration, including negotiating and drafting
arbitration clauses, substantive and procedural rules
for filing requests
for arbitration before the ICC Court, and enforcement of
arbitration awards
The conditions
for recognition and enforcement in the Convention establish a «ceiling», or maximum level of control, which Contracting States may exert over arbitral
awards and
arbitration agreements.
Following six days of hearings, obtained
arbitration award of substantial contractual severance payment to terminated employee when arbitrator found employee was not properly terminated
for cause.
Article V (1)(c) finds its roots in article 2 (c) of the 1927 Geneva Convention.792 The language at the outset of article V (1)(c), providing a ground
for refusal of recognition or enforcement of
awards exceeding the scope of the
arbitration agreement, is largely unchanged from its counterpart in the 1927 Geneva Convention.
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.
This includes applications
for interim relief in support of
arbitrations (e.g. anti-suit injunctions); seeking or resisting enforcement of domestic or foreign
awards under the New York Convention; and challenging or defending
awards under sections 67, 68 and 69 of the 1996 Act.
Courts have consistently confirmed this in relation to article V (1)(c).837
For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.
For example, the United States Court of Appeals
for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.
for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling
arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an
award, which was not possible in circumstances where no
award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be
arbitration, and thus not the party who would be in a position to challenge any resulting arbitral
award absent any counterclaims.839
Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide
for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an
award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International
Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their
arbitration.882
Accordingly, the procedure
for enforcing or setting aside an international
arbitration award made in Myanmar is uncertain.
As one United States court observed, «[u] nder the New York Convention, we examine whether the
award exceeds the scope of the [
arbitration agreement], not whether the
award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers
for relief from the «submission to
arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds
for refusal to recognize or enforce an
award.
The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing
for severability of the part of the
award dealing with a difference not contemplated by or not falling within the terms of the submission to
arbitration, or containing decisions on matters beyond the scope of the submission to
arbitration, in order to permit recognition and enforcement of the part of the
award containing decisions on matters submitted to
arbitration.
For instance, the Supreme Court of Spain enforced an
award rendered by a sole arbitrator appointed by one of the parties, where the party opposing enforcement had refused to appoint a co - arbitrator.883 Similarly, a United States court enforced an
award rendered by one of the party appointees as a sole arbitrator where the other party chose not to participate in the
arbitration.884
Summary: The appellant moved the Supreme Court to grant its application
for recognition and enforcement of an
arbitration award rendered by the International Centre
for Dispute Resolution in New...