Sentences with phrase «arbitration awards made»

They actually happened as a result of arbitration awards made in connection with fee disputes in different parts of the country.

Whilst there are no league tables or rankings as to which states, or companies, are the best or worst at paying out on arbitration awards made against them, it is clear that non-payment of an award is not unique to developing economies or any one industry.

(a) The Defendant (the «KRG») applied on 3 July 2017 to set aside the Order of this Court made ex parte on 29 May 2017 by which it recognised and, subject to its terms, enforced two arbitration awards made in London under the auspices of the LCIA and permitted alternative service of the order made and other documents on the KRG's London solicitors who had acted for them in the arbitration.

(China and the UK are both parties to the New York Convention, which requires courts of contracting states to recognise and enforce arbitration awards made in other contracting states.)

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration.

Accordingly, the procedure for enforcing or setting aside an international arbitration award made in Myanmar is uncertain.

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd [1] overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong.

68 and 69 of the Arbitration Act 1996 to vary an LMAA arbitration award made by a distinguished three - member tribunal.

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.

(9) If a pension plan is being wound up in whole or in part, an arbitration award made in accordance with section 77.12 may provide for the allocation of surplus between the employer, members, former members and other persons entitled to a pension, deferred pension or other benefit under the plan who are affected by the wind up or partial wind up.

«family arbitration award» means a family arbitration award made under the Arbitration Act, 1991; («sentence d'arbitrage familial»)

Not exact matches

Cuomo originally sought to impose a 2 percent cap on the value of arbitration awards in a bill submitted in January with his Executive Budget, but backed away from that proposal when the Legislature resisted making any change to arbitration as part of the budget process.

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.

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.»

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

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.

By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»

A non-domestic award is further one where the award is made in the enforcing state under the laws of another state or because the arbitration contains a foreign element.

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.

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

After the proceedings concluded, the retired judge rendered an arbitration award, which directed that the Association hire a contractor to make certain repairs and advance the funds for the work subject to reimbursement from numerous other affected lot owners who were not parties to any of the prior proceedings.

He has acted and advised on claims made by and against sovereign states (including enforcement proceedings and challenges to arbitration awards).

Enforcement steps will depend on whether the arbitration award was made domestically or internationally.

Lawyers at Covington & Burling consider the enforcement of arbitral awards in Sub-Saharan Africa, where antiquated arbitration laws and hostile courts make life difficult for potential investors.

Dorothy Murray Qualified: 2005 Made partner: 2013 Key cases: Defending a major Russian telecoms group against the enforcement of an LCIA $ 220m arbitration award.

Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.

In addition to whatever rights you may have to recover your attorneys» fees under applicable law, if you prevail in the arbitration, and if the FTS Party failed to make a settlement offer to you before the arbitration or the amount you win is at least 25 % greater than the FTS Party's highest settlement offer, then the FTS Party will pay your reasonable attorneys» fees in addition to the amount the arbitrator awarded.

Arbitration — Award — Enforcement — Respondent failing to pay arbitration award — Claimant applying for third party debt order over letters of credit — Whether respondent was beneficiary of debt created by letters of credit — Situs of debt — Whether third party debt order should be made — Whether court entitled to make receivership oAward — Enforcement — Respondent failing to pay arbitration award — Claimant applying for third party debt order over letters of credit — Whether respondent was beneficiary of debt created by letters of credit — Situs of debt — Whether third party debt order should be made — Whether court entitled to make receivership oaward — Claimant applying for third party debt order over letters of credit — Whether respondent was beneficiary of debt created by letters of credit — Situs of debt — Whether third party debt order should be made — Whether court entitled to make receivership order.

But before you recommend this alternative to your no - fault clients, make sure your arbitration award will cover all of your available relief.

Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».

An award shall be signed by the arbitrators and it shall contain the date on which the award was made and indicate the place of arbitration.

The arbitral tribunal may make a single award or several awards in respect of all parties so involved in the arbitration.

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.

Interestingly, the Advocate General ranged much more broadly in reaching the same conclusion, stating that these limitations on the review of international arbitral awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to arbitration» (AG Op § § 58, 67 and 72).

(1) Pursuant to Section 12 of the Act, where the arbitration tribunal consists of three or more arbitrators, an Award shall be made by a majority of the tribunal.

The 1996 Act provides that the tribunal may make an award allocating the costs of the arbitration between the parties (section 61).

27 (1) If the party who commenced the arbitration does not submit a statement within the period of time specified under subsection 25 (1), the arbitral tribunal may, unless the party offers a satisfactory explanation, make an award dismissing the claim.

Similarly, in Chantiers de L'Atlantique SA v Gaztransport & Technigaz SAS [2011] EWHC 3383, the High Court dismissed a challenge to an award, despite making a finding that there had been fraud in the arbitration, because the claimant was unable to establish that the tribunal probably would have come to a different decision if there had been no fraud.

The arbitral award has to be made outside Myanmar but inside the territory of member countries of the New York Convention according to the arbitration agreement.

(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.

(4) The arbitration tribunal shall make its final Award within 60 days after the hearings have been closed unless the parties otherwise agree.

(2) After the final Award has been made, the claim has been withdrawn, a settlement has been reached or the arbitration has been abandoned, the Centre shall apply any deposits it holds to the costs of the arbitration, including any arbitration tribunal fees and disbursements, as well as administrative fees and expenses.

In light of the fact that an arbitrator's award often sets a precedent for future disputes with a union and its members, our attorneys make an extra effort to ensure that a client's present and future interests are taken into consideration when making the decision to take a grievance to arbitration.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

In the decision, The Massachusetts Supreme Judicial Court held that a fee award entered against a party for making frivolous arguments and conducting an arbitration in bad faith must be vacated.

Argentina has agreed a settlement relating to five investment treaty arbitration awards, made between 2005 and 2008, pursuant to which it was ordered to pay a total of over US$ 450 million plus interest.

In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court.

(b) a provision in an arbitration agreement that no right shall arise until an arbitration award has been made.

However, when the award has been made by a foreign arbitration tribunal then a number of enforcement issues come in to play.