Sentences with phrase «arbitration challenged the award»

Summary: The Respondent to the arbitration challenged the award claiming that the award should either be annulled pursuant to section 33 (2) of the Swedish Arbitration Act or alternatively set...

Not exact matches

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

This question of arbitrator disclosure keeps surfacing in international arbitration, because it is an effective way to challenge an award.

And, as it becomes more difficult to challenge domestic arbitration awards on the merits, it will be interesting to see whether Canadian courts will follow the strict rules of the French courts or the more pragmatic approach of the English courts.

We are increasingly instructed in arbitrations to analyse costs schedules and help marshal arguments to support claims and challenges to costs awards.

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

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

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.

This includes applications for interim relief in support of arbitrations (e.g. anti-suit injunctions); seeking or resisting enforcement of domestic or foreign awards under the New York Convention; and challenging or defending awards under sections 67, 68 and 69 of the 1996 Act.

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

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

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

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.

The Court of Appeal of England and Wales considered a challenge to enforcement under article V (1)(c) on the basis that the award addressed parties who were not bound by the arbitration agreement.

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.

Symmary: The appellant challenged a Swedish arbitral award, alleging that it had rightfully terminated the arbitration clause due to the counterparty's breach of an implied obligation of...

Summary: A party challenged the arbitration award under item 2 of Section 34 of the Swedish Arbitration Act.

Summary: The Respondent to the arbitration (challenging party) challenged the award under item 2 of Section 34 of the Swedish Arbitration Act, requesting that the Court of Appeal annul paragraphs...

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

Summary: The respondent in the arbitration challenged the arbitral award under Section 34 and 34 of the Swedish Arbitration Act.

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...

Marc's arbitration work includes handling substantial cases across a number of industry sectors including mining and other commodities, as well as experience in bringing and defending challenges to arbitration awards in the English Court (brought under sections 68 and 69 of the Arbitration Act 1996).

Summary: The appellant challenged a Swedish arbitration award under Section 34 (5) of the Swedish Arbitration Act, alleging that a party - appointed arbitrator's prior appointments by the same law...

The defendant gave the examples of appeals to the Employment Appeal Tribunal from Employment Tribunals, appeals to the Court of Appeal from the High Court and challenges to arbitration awards under s 69 of the Arbitration Act 1996.

engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality of any award, including repeated challenges to an arbitrator's appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);

We regularly appear before the Courts when interim measures are sought, such as the appointment of arbitrators, the challenge of arbitrators, or the stay of proceedings in favour of arbitration, and on the enforcement of arbitration awards in Ontario and Canada.

Yet the enforcement of international arbitral awards continues to be one of the key challenges of the international arbitration system, complicated further where the non-complying award debtor is a state.

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).

This includes applications under s. 44 of the Arbitration Act 1996, challenges to arbitration awards, and the enforcement of awards and peremptory orders.

Accordingly, it challenges such conceptions by proposing that if one adopts non-absolutist and non-monolithic conceptions of sovereignty and legal personality, and that if one acknowledges that consent is the foundational basis for arbitration, then there can be no basis for supporting the proposition that an SOE can be held liable for the award debts of a state and its assets executed against in satisfaction of such debts.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

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

The Court of Appeals remanded the case so the trial court could enter a judgment on the arbitration award and allowed plaintiffs» counsel to seek prejudgment interest at that time, but it noted the six year delay could pose a challenge to the interest award.

However, parties can still refer any dispute to ICSID (or another arbitration institution) if it is provided for in the applicable BIT or arbitration agreement, and ICSID awards are immune from challenge by local courts.

When an employer seeks to challenge an arbitration award in court, Jim will vigorously defend the case.

A 3 - day LMAA arbitration against a QC; Ravi also defended the subsequent challenge to the award in the Commercial Court.

The Lawyer describes Emily as instructed in weighty disputes, citing her recent defence of Barclays against a $ 240m indemnity claim by UniCredit, the major Italian bank, in respect of a sophisticated structured finance deal between the two banks and that she acted for the UAE's Crescent Petroleum in knocking out an attempt by the National Iranian Oil Company to challenge an arbitration award against it.

Successfully defended a jurisdictional challenge to an arbitral award relating to competing arbitration clauses - C v. D1 and Others [2015] EWHC 2126 (Comm).

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

As well as a number of ongoing, confidential, arbitrations and complex enforcement disputes, James will be heading to the Supreme Court in February 2017 to challenge the power of the English courts to require security before an award debtor can resist enforcement on public policy grounds.

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.

Further, Lluís has extensive experience of multijurisdictional disputes, provisional measures, and challenges to and enforcement of arbitration awards before domestic courts.

-- 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.

James has also advised and acted in a wide range of arbitration - related court proceedings, including; applications for relief in support of arbitrations (such as anti-suit injunctions and worldwide freezing orders and witness summonses); challenges to awards (eg.

In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire arbitral process, obtains an award, only to be met by a setting aside application at the seat when it could have done so within the 30 - day period under Article 16 (3) of the Model Law.

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.

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.

As EU law is according to Eco-Swiss a public policy ground which requires national courts to review arbitral awards for their compatibility with EU law, this means that any arbitral awards where the arbitration seat is in an EU Member State, or the recognition and enforcement of the award in an EU Member State is sought, can be successfully challenged in front of national EU courts.

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.

Unless the parties agree otherwise, the parties, the arbitrator and JW will treat the arbitral proceedings, any related disclosures and / or discovery, and the decisions of the arbitrator, as confidential, except in connection with judicial proceedings ancillary to the arbitration, such as a judicial challenge to, or enforcement of, an award, or unless otherwise required by law or to protect a legal right of a party.