Sentences with phrase «arbitration award procedures»

The changes were not substantive in nature, and they related solely to post arbitration award procedures.

Not exact matches

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).

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.

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.

We advise on all aspects of arbitration, from drafting suitable clauses to advising on the type and seat of arbitration, the formation of a tribunal, arbitral procedure and enforcement of the award.

The section features information on the enforcement procedures in various CIS states, a database of court judgements on the enforcements of SCC arbitral awards, e-books about arbitration in Sweden and samples of documents filed in arbitrations under the SCC Rules.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

The advocate - general proceeded to state that his conclusion that anti-suit injunctions in support of arbitration are permitted by the Brussels I (recast) is supported by the fourth paragraph of recital 12, which states that the Regulation should not apply to an action or ancillary proceedings relating to, in particular, the conduct of an arbitration procedure or any other aspects of such a procedures not to the recognition or enforcement of awards.

Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.

In light of the New York Convention Article III prohibition on applying more onerous procedure to the enforcement of international arbitration awards than to that of domestic awards, this discrepancy is problematic.

Moreover, under Article 238 of the UAE Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards.

Equally under Article 238 of the Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards in the UAE.

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.

Investor - State Arbitration examines the international treaties that give investors a right to arbitration of claims, the most - commonly employed arbitration rules, and the most important elements of investor - state arbitration procedure including tribunal composition, jurisdiction, evidence, award, and challenge of annulment.

South Carolina's Uniform Arbitration Act, Title 15, Chapter 48, sets forth procedures to challenge or obtain court approval of an arbitration award.

The arbitral award is to be rendered according to the procedures agreed to between the parties and the provisions of the arbitration law.

We see no merit in the appellant's argument that the reference to the 1970 Act addressed substantive rights to appeal an arbitrator's award, while «any successor Act» would only apply to the arbitration procedure.

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 damAward — not a sanction against the attorney, much less an award of treble damaward of treble damages.

For those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearing.

It is suggested that, at the appropriate point in the text of the Generic Rules, a procedure will need to be added that accommodates binding pre-dispute arbitration agreements without imposing awards arising out of such agreements on buyers who would not be permitted to enter into such agreements under applicable law from which the parties can not derogate.

The numerous benefits of arbitration range from the flexible nature of arbitral procedure, over which the parties have quasi-absolute control, to the ease of enforceability of arbitration awards and the fact that IP - related issues can be resolved in a single set of proceedings rather than having to be litigated in every jurisdiction in which the IP right is allegedly infringed.

(iii) the procedure to be followed when arbitration ends, both where it has resulted in an agreement or award and where it has not; and

Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Nashville, Tennessee in accordance with the Supplementary Procedures for Consumer - Related Disputes of the American Arbitration Association (http://www.adr.org/sp.asp?id=22014), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Nonmembers arbitrating pursuant to an agreement to participate in a REALTOR ® association owned and operated MLS shall be subject to all obligations under an association's arbitration procedures, including, but not limited to, the obligation to pay an award promptly or deposit a like amount in the event of a challenge pursuant to Section 53, The Award, Code of Ethics and Arbitration Maaward promptly or deposit a like amount in the event of a challenge pursuant to Section 53, The Award, Code of Ethics and Arbitration MaAward, Code of Ethics and Arbitration Manual.

NOTE: Escrowing of arbitration awards to secure timely payment as addressed in Section 53 (b - c) is not required in states where escrowing awards by associations is prohibitively expensive, and where the state association recommends alternative aggressive and cost - effective enforcement procedures that maximize enforcement / payment under state law, and local associations adopt those procedures, provided that nothing in those procedures is prohibited by National Association policy.

Procedural note: The sole issue for the Procedural Review Hearing Tribunal to decide is whether the arbitration procedures utilized in rendering the Award of Arbitrators afforded all parties due process.

Another change requires associations, if they don't escrow funds because of the cost, to adopt their state's «aggressive and cost - effective» procedures for enforcing arbitration awards.

Conformity with state law The procedures by which arbitration requests are received, hearings are conducted, and awards are made must be in strict conformity with the law.