Sentences with phrase «arbitration award issued»

The mediation - arbitration lasted five days, ending in an arbitration award issued in 2008 (the award).

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.

Not exact matches

They would also have to give the bureau information on any claims filed and awards issued in their arbitrations, as well as correspondence from their arbitrators regarding unpaid fees and failure to follow standards of conduct.

The tribunal in the arbitration with Danone on claims arising out of Fonterra's WPC80 precautionary recall in August 2013 has issued its award.

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.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

''... employees of a school district or charter school may not legally strike due to a school district or charter school's refusal to grant a salary or wage increase if the refusal is required to comply with this section; and neither a school district or charter school nor an exclusive representative mayrequest interest arbitration in relation to an increase in the rate of salary or wages that is prohibited by this section and an arbitrator may not issue an award that would increase salary or wages in a manner prohibited by this section.»

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral aAwards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral aawards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral awardsawards.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

The transaction document typically makes reference to the institutional rules as a whole, and the issue of whether and how Article 35 (6) of the ICC Rules or Rule 32.11 of the SIAC Rules operate to exclude a right to appeal may come to light only when there is a dispute that has gone to arbitration, and when the dissatisfied party seeks recourse against the award.

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.

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.839

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

Just published a short article in the ABA's latest issue of Appellate Practice, on appealing arbitration awards and the current circuit split over «manifest disregard of the law.»

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.

This highlights the important issues surrounding the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of investment arbitration awards.

The 1st U.S. Circuit Court of Appeals today issued an opinion, McCarthy v. Citigroup Global Markets Inc., reinstating an NASD arbitration award.

August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney's fees awards.

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.

In addition to administering the award - winning Fair Competition Law blog, Russell writes, lectures, and is quoted or cited in connection with various intellectual property and other legal issues, including enforcement and defense of noncompete agreements, protection of trade secrets, trademark disputes, copyright issues, arbitration, mediation, and binding mediation.

TianTong represents our clients to apply for the enforcement of arbitral awards issued by domestic arbitration institutions, pre-arbitration property preservation and other compulsory measures.

For example, in British Columbia, a party who seeks to appeal an award regarding a legal issue must obtain permission from the court and the consent of the other parties, but the parties can not agree to exclude the right of appeal until the arbitration starts.

The court stated that while there also exists no prohibition to the parties settling the issues of custody and child support by arbitration, the provisions of an award for custody or child support will always be reviewable and modifiable by the courts.

Instead, the Arbitrator issued an offset award in favor of LTL's client and ordered the Claimant to pay all arbitration expenses.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

Reports or copies of arbitral awards addressing procedural or other issues of importance in international arbitration;

The A: Chris was instructed on behalf of the Claimant charterers and bill of lading holders in this unseaworthiness arbitration in which the tribunal issued an interim award in Chris client's favour in relation to the question of incorporation of the Hague Rules into the charterparty.

He also regularly appears in the English Commercial Court in many arbitration applications, ranging from anti-suit injunctions to issues concerning the bias of an arbitrator (see, e.g., AT&T v Saudi Cable Company) to enforcement of awards.

(3) for international arbitrations, having an award issued within the DIFC, a jurisdiction within the UAE, will mean that parties can take advantage of the New York Convention in enforcing the award

His practice covers a wide range of PRC law issues with a focus on litigation at different levels of PRC courts and arbitration matters in PRC including cross-border litigation and arbitration proceedings, and foreign arbitration awards recognition and enforcement in China.

If you have any concerns or issues regarding debt collection or the enforcement of judgments or arbitration awards, please contact our office to arrange for an initial consultation.

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.

Those issues are dealt with separately from the actual divorce either by way of a separation agreement, an arbitration award or a court order.

The issue arose when the appellant applied to the Superior Court of Justice to set aside the arbitration award approximately two and a half months later.

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.

Representing Total in an ICSID arbitration against Argentina in connection with its investments in exploration and production, electricity generation and gas transportation pursuant to the France — Argentina bilateral investment treaty, resulting in an award of $ 270m, the largest ever issued against Argentina.

(i) the final award deals with a dispute not falling within the terms of submissions to arbitration as a Memorandum of Understanding («MOU «-RRB- had terminated the reference to arbitration, resulting in lack of jurisdiction on the part of the tribunal (the «Jurisdiction Issue «-RRB-;

In addition to her trial and appellate experience, Elaine is skilled in arbitration matters (ICC, AAA, JAMS, FINRA and other self - regulatory organizations), litigates challenges to arbitral awards under both the FAA and state equivalents, and litigates issues regarding arbitrability of claims.

In Maximov v NMLK [1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration.

Key Singapore: applications to the Commercial Court under sections 67,68 and 69 of the Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an award on costs only.

[2006] 2 Lloyd's Rep 389; [2006] 2 All E.R. (Comm) 938 - whether an admitted but unpaid liability constitutes a «dispute» within the meaning of an arbitration clause such that arbitrator had jurisdiction to issue award in respect of the admitted liability.

In this issue: New LCIA rules come into effect; The importance of the link between mediation and arbitration; Challenging enforcement of an arbitral award in Australia (1); Challenging enforcement of an arbitral award in Australia (2); News; Conferences and events.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events

An appeal against or challenge to an arbitral award under the 1996 Act must be commenced by the issue of an arbitration claim form (in accordance with Part 62 of the English Civil Procedure Rules).

In this issue: New CIETAC Rules: 1 January 2015; Enforcing an arbitration award against a non-party: a recent English case; Singapore Court of Appeal continues to support non-interventionist approach to arbitration; The New York Convention 1958 half a century on: is it still effective?

(3) The arbitration tribunal may make an interim order that shall be merged or addressed in the Award when all issues, including costs, have been determined.

In A v B [2011] EWHC 2345 (Comm), shortly before issuing the award, a barrister acting as sole arbitrator disclosed that he had been instructed by the defendant's solicitors throughout the course of the arbitration in an unrelated matter.

In this issue: The development of arbitration in the Asia - Pacific region; The English Commercial Court refuses to enforce a New York Convention award; Further development of Dubai as a regional arbitration hub: the launch of EMAC (Emirates Maritime Arbitration Centre); Removal of an arbitrator due to lack of impartiality: a recent English Commercial Court case; Conferences and events

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.

The result of the arbitration would be a conclusive and binding arbitral award addressing outstanding legal issues.