Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior
arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.
That's one of the questions considered in a new Ontario labour
arbitration award involving Canada Post Corp. and a 44 - year - old mobile letter carrier.
Gonzalez's panel, entitled «The Contribution of Latin America to International Law,» will address how investor - state
arbitration awards involving Latin American countries have contributed to the formulation or evolution of international law, and how such evolution may impact public policy issues in Latin America.
Not exact matches
A Finra
arbitration panel has
awarded former UBS broker Wilson Dennis Colberg - Trigo $ 1.236 million in compensatory damages in a dispute
involving his termination from the firm, but also ordered the broker to pay the firm $ 854,157 to settle the...
After a protracted
arbitration process and final hearing — which
involved two separate state court appeals — the Arbitrator, a former Chief Justice of the Florida Supreme Court, ruled in favor of the health system respondents on liability, and
awarded no damages to the physician - limited partner on any of his
arbitration claims.
2014 has started with a bang from an
arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan),
involving the conversion of an
arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral
award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral
award».
He has successfully litigated and obtained a complete defense
award in a multi-plaintiff
arbitration, obtained summary judgment in court, as well as favorably resolved cases
involving allegations of harassment, discrimination, retaliation, and wrongful termination.
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.
Sunrise Poultry Processors Ltd. - and - UFCW Local 1518 and Husband Food Ventures Ltd. (c.o.b. IGA Store No. 11)- and - UFCW 1518
involved two
arbitration awards each and one B.C. Labour Relations Board review.
An ICSID annulment case
involving a challenge to an ICSID
arbitration award made in an expropriation dispute between two Hong Kong companies and the government of a Middle Eastern nation.
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.
The arbitral tribunal may make a single
award or several
awards in respect of all parties so
involved in the
arbitration.
-- Instructed by Clifford Chance (as junior to Joe Smouha QC) to act for the respondent to an application under section 68 of the
Arbitration Act 1996 challenging an LCIA
award concerning a # 480 million claim for breach of contract — Instructed by Slaughter and May (as junior to David Streatfeild James QC) in an ICC
arbitration involving a claim against a German conglomerate in the industrial sector.
When choosing the seat, careful consideration should be given to the ability and inclination of the courts of the seat to become
involved in the
arbitration, including setting aside any
award, and whether one can expect a fair hearing before those courts.
Michael Wilson & Partners Limited v Emmott: [2011] EWHC 1441 (Comm) Acted for the applicant in the Commercial Court challenging an
arbitration award under ss 68 and 69 of the
Arbitration Act 1996
involving allegations of diversion of corporate opportunities and secret commissions against a partner of a law firm.
5 Jul. 28, 2014)(unpublished), is an interesting one
involving affirmance of an
arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad
arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.
Obtained defense
award for video service company in
arbitration involving disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful termination claims.
Obtained defense
award for video service company in a four - day
arbitration involving discrimination, sexual harassment, retaliation, and wrongful termination claims.
Obtained defense
award for aerospace company in a week - long
arbitration involving discrimination, harassment, and retaliation claims.
Representative matters have included the removal of an international health insurance dispute from state to federal court and enforcement of an international
arbitration agreement and jurisdictional matters
involving the ability of a federal court to hear an action to set aside an
arbitration award issued in an
arbitration involving two foreign parties.
Another recent significant binding
arbitration award achieved by Mr. Jacobs
involved a claim of permanent injury resulting from a failed cervical fusion and an earning loss / injury to earning capacity claim in excess of the million dollar policy limits.
Included among Mr. Jacobs» other recent binding
arbitration victories were a low dollar
award involving a 22 - year old claimant with organic brain damage and cognitive impairment, a fractured skull and a fractured cervical spine with surgical fusion and fixation.
His experience
involves vacating
arbitration awards, complex and class action wage - hour matters, pension collection cases, and injunctions against picketing in Section 301 cases.
The case is of interest to parties
involved with international
arbitration in the region, and affirms the Singapore Courts» commitment not to interfere with arbitral
awards wherever possible.
Join us to discuss (a) the enforcement of English judgements and arbitral
awards in Russia / CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in investment
arbitrations involving CIS states and CIS investors.
disputes over intellectual property rights («IPRs») can be resolved through confidential
arbitration and that it is not contrary to the public policy of Hong Kong to enforce arbitral
awards involving IPRs.
Legal rights of third parties not a party to the
arbitration proceedings will not be affected and there will be no requirement for disclosure to or recordal of arbitral
awards involving IPRs with the respective Registries of the Hong Kong Intellectual Property Department.
The IPR
Arbitration Bill amends the
Arbitration Ordinance to clarify that disputes
involving IPRs can be resolved through
arbitration under Hong Kong law and that it is not contrary to the public policy of Hong Kong to enforce arbitral
awards involving IPRs.
Considering the enforceability of the arbitral
award, Taiwanese companies may tend to accept, or even propose, to resort to SIAC, HKIAC or other international
arbitration associations if
involving cross border transactions, and to have their future disputes arbitrated in counties where New York Convention applies.
successfully represented a resource trading multinational in obtaining a US$ 100m
award in London - seated ICC
arbitration against PRC counterparties
involving pledged assets in the PRC and in resisting a subsequent challenge to the enforcement of the
award before the Hong Kong courts
It is submitted that the Delhi high court had considered IBA guidelines which provided that where the arbitrator currently serves or has served within the past three years, as arbitrator in another
arbitration on a related issue
involving one of the parties or an affiliate of one of the parties, it would amount to a failure to disclose interest and the
award would be opposed to public policy of India.
Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in decision - making, the cost and time
involved in investment
arbitration, lack of transparency and the very narrow grounds on which arbitral
awards can be challenged.
Reducing, to a comprehensive writing, the grounds on which an
arbitration award was made, could frequently be far more complex — and difficult — than formulating the findings of fact (which may
involve a single act or disclosure, or failure to act or disclose) which results in a determination that the Code of Ethics has been violated.
While
arbitration awards may, at times,
involve significant sums of money, they differ from the decisions rendered by ethics hearing panels in two significant ways.
The court also found that seeking to confirm an
arbitration award did not
involve a traditional lawsuit, as it simply
involves converting an
arbitration award to a final judgment.
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.