Sentences with phrase «arbitration awards which»

The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain arbitration awards which may be enforced against state assets.

Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified.

Not exact matches

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.

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.

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.

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.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

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

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

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.

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

Parties have also successfully challenged enforcement of awards under article V (1)(c) on the grounds that an award was based on an underlying contract which was not within the subject matter of the arbitration agreement.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

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

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.

Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral awards.

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

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

Moreover, by confirming that the public policy objection can not be interpreted broadly, the Supreme Court confirmed that when parties agree to arbitrate their disputes, they may expect that there will be limited grounds on which they may challenge the award and should be ready to accept these consequences of agreeing to arbitration.

Almost 60 years after its creation, the New York Convention continues to fulfil its objective of facilitating the recognition and enforcement of foreign arbitral awards, and in the years to come, will guarantee the continued growth of international arbitration and create conditions in which cross-border economic exchanges can flourish.

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 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.

This was the case in a challenge to enforcement brought under article V (1)(c) before the Supreme People's Court of China, which found that one of the respondents named in the award was not a party to the arbitration agreement.

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

Where article V (1)(a) concerns the existence of a valid arbitration agreement which is binding on all the parties addressed by an award, article V (1)(c) assumes the existence of a valid arbitration agreement between the parties and is concerned instead with whether an award has gone beyond the scope of the subject matter the parties intended to submit to arbitration.

Our work has included obtaining the recognition and enforcement of four AAA arbitral awards through proceedings conducted before and after the enactment of the Dominican commercial arbitration law, which have become landmark cases in the Dominican Republic.

Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...

(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.)

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.

Charles acted for Soteropoulos in an unsuccessful mediation, which was followed by an adverse arbitration award as well as a costs order against her.

They may also help improve the reputation of international arbitration, which has been criticised for its lack of transparency (both of the process and the awards) and accountability (of arbitrators and practitioners alike) by some sections of the media and members of the legal profession.

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.

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

Obtaining a favorable arbitration award that adopted a valuation of shares required to be repurchased by our client under shareholder's agreement that was millions less than the price sought by the opposing party, which was affirmed by the trial court.

Although the parties executed the document, which was entitled «civil mediation agreement,» plaintiffs» counsel wrote to the retired judge to point out that although the document «refer [red] to this proceeding as a «mediation,»» plaintiffs «believe [d] that it is properly an arbitration proceeding for which you will be asked to render an award.»

Although the text finds that the EU proposal is not compatible with the ICSID Convention, it also argues that the proposal meets the definition of» arbitration» under the New York Convention, which means that the resulting awards could probably be enforced under that convention instead.

Ct. 196 (1999), which provides a mechanism for multiple damages of arbitration awards under G.L. c. 93A.

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.

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

Certain provinces of Canada have adopted the New York Convention, which states the participating provinces to enforce arbitration awards, and that enforcement may only be refused on limited grounds.

The arbitration award is especially helpful as employers consider the recent Bill 132 amendments to the Occupational Health and Safety Act (the «OHSA»), which confirm that reasonable actions taken by an employer relating to the management or direction of workers or the workplace is not workplace harassment.

Obtained a labor arbitration award in favor of a local Transit Corporation which denied a union grievance alleging a suspension without just cause.

Clyde & Co took home the Dispute Resolution Team of the Year award for its work on an international arbitration case and subsequent appeal, which set a precedent that has been followed by numerous others in Dubai International Financial Centre (DIFC) award enforcement cases.

It unanimously upheld the decision of the Alberta Court of Appeal, which in turn upheld the trial court, in all cases finding that the winner of the Russian arbitration was out of time to enforce the award in Alberta.

The Dubai International Arbitration Centre has also confirmed that Dubai Decree No. 57 for 2009 (which established the Tribunal) does not affect disputes where the parties have agreed to have the dispute determined by arbitration although any resulting arbitration award has to be enforced through the Tribunal.

In reality, this reservation is more theoretical than anything else, because codified French arbitration law itself does not contain any such limitation, and article VII (1) of the Convention confirms that the Convention does not deprive parties of more favourable rights they might enjoy under the law of the country in which enforcement of the foreign award is sought.

Inc. v. Department of Public Works, which underscores the narrow judicial review afforded to an arbitration award.

Following a lengthy arbitration in which he determined that the mother had undertaken a campaign of parental alientation, the arbitrator awarded custody of the two sons to the father and ordered the father to attend a reunification program with the children.

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.

It found that it was common ground between the experts that under applicable Russian arbitration law at least one valid ground to set aside the award had been present, which related to the obligations on the arbitrators to disclose certain potential conflicts of interest.