Sentences with phrase «arbitration tribunal awards»

(3) In the event the arbitration tribunal awards costs, it shall specify the amounts of the fees and expenses so awarded or the method for the determination of those amounts.

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.

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

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

Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award costs in international arbitration.

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

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.

The Svea Court of Appeal dismissed Kazakhstan's claims, holding that the award was not clearly incompatible with Swedish ordre public, that the arbitration agreement was valid, and that the arbitral tribunal was duly appointed.

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

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

Kazakhstan also claimed that the award was not covered by a valid arbitration agreement and that the tribunal had been appointed in violation of the SCC Rules.

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.

«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.

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

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...

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.

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);

As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.

International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in arbitral tribunal history, a whopping $ 50 billion from Russia on behalf of former controlling shareholders of bankrupt oil giant Yukos.

The party also argued that the arbitral award was invalid because the tribunal decided a question not eligible for arbitration under Swedish law, namely whether certain transactions constituted unlawful distributions under the Swedish Companies Act.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

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.

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.

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.

The arbitral tribunal shall specify the costs of arbitration in an award.

In this blog, Robert Rothkopf, Managing Partner of Balance Legal Capital LLP, argues that the call for arbitration counsel to do more to encourage settlement should be complemented by tribunals and institutions in imposing costs consequences for losing parties in the costs award.

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

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.

In the arbitration the arbitral tribunal awarded RUB 8,928,001,875.70 (around # 115 million) plus interest to Maximov (representing the balance of the SPA purchase price owed to Maximov)(the «Award «-RRB-.

(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-;

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.

(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.

(1) If the claimant is properly notified but fails to attend the hearing, the arbitration tribunal may proceed to render a final Award with or without a hearing.

(1) A party to an arbitration, other than an arbitration in respect of a family law dispute, may appeal to an appeal tribunal on any question of law arising out of the Award if:

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

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

(2) If the parties settle the dispute during the arbitration proceedings, the arbitration tribunal shall terminate the proceedings and, if requested by the parties and acceptable to the tribunal, record the settlement in the form of an arbitration Award.

(2) In awarding costs, the arbitration tribunal shall take into account the principles set out in Rule 21 (2), and the failure of any party to comply with these Rules or the orders of the tribunal.

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.

If C rejects the offer and if C is ultimately awarded significantly more than $ 2.5 million by the tribunal, then C's rejection of the offer and continued pursuit of the arbitration would have been justified and the offer should have no cost consequences.

Where there is no majority decision, the decision of the chair of the arbitration tribunal shall be the Award.

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.

(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.

(2) After the hearings have been closed, the arbitration tribunal may, in exceptional circumstances, re-open the hearings at any time before the final Award.

(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.

all hearings, meetings, evidence, documents (produced or exchanged), Awards and communications shall be private and confidential as between the parties, the arbitration tribunal and the Centre.

(h) the award was the result of fraud or corruption by a member of the arbitral tribunal or obtained by fraud of a party or its representatives in the conduct of the arbitration [distinguished from fraud with respect to the original dispute being arbitrated].

Leading Cases provides authoritative commentary on some 1,700 arbitration awards, court judgments and tribunal decisions, as well as hundreds of convenient case summaries.