Sentences with phrase «articles on arbitration»

She has published several articles on arbitration and dispute resolution, and speaks Bahasa (Malaysian and Indonesian), Chinese (Mandarin and Cantonese) and English, and is qualified as a solicitor of England and Wales and Hong Kong.

Posted by Victoria Strauss for Writer BewareRecently, the New York Times published a fascinating three - part series of articles on arbitration clauses, and how such clauses «buried in tens of millions of contracts have deprived Americans of one of thei... -LSB-...]

Not exact matches

Pursuant to Article 4 (2) of the ICC Rules of Arbitration in force as from 1 March 2017 («Rules»), this arbitration commenced on that date.»

This article considers Hong Kong's ability to capitalise on dispute resolution work arising, now or in the future, out of OBOR disputes, with a focus on commercial arbitration and mediation.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

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 agrArticle 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 agrArticle 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 agrarticle 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.

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.

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.»

The Smit - Lowenfeld Prize is awarded annually by the International Arbitration Club of New York to recognize the outstanding article published in the previous year on any aspect of international arbitration.

The secondary role of the procedural rules where the arbitration took place was confirmed in a 1979 Report on the Convention by the United Nations Secretary General, which stated that the «priority given to the parties» wishes» under article V (1)(d) «is merely limited by the public policy ground under paragraph 2 (b).»

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

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission 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.

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.

Just published a short article in the ABA's latest issue of Appellate Practice, on appealing arbitration awards and the current circuit split over «manifest disregard of the law.»

The Note also includes new guidance on the conduct of all participants in arbitrations (Article IV).

In an article recently published on the Kluwer Arbitration Blog, SCC's legal counsel Anja Havedal Ipp reviews the first year with the new rules for expedited arbitration, which entered into force in January 2017.

Professor Friedrich has co-authored several publications on international commercial and investment arbitration, including an article on Disclosure in International Arbitration Proceedings in the United States published in the American Review of International Arbitration and an article on Investment Arbitration in East Asia and the Pacific published in the Journal of World Investment and Trade.

China International Economic and Trade Arbitration Commission (CIETAC) Journal on law and arbitration recently published an article that compares 2017 SCC Rules and 2015 CIETAC Rules.

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.

Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»

The Claimants sought an order for alternative service on the basis of good reason, rather than exceptional circumstances, which had to be their case in the light of English authorities on service where a treaty made exclusive provision for service in the state in question, but I would have considered the circumstances exceptional in any event in the light of the evidence before me as to the likelihood of the KRG seeking to utilise Article 10 and the stifling, stalling and obstructive tactics adopted by the KRG in the arbitration and enforcement actions in the UK and the District of Columbia, as set out in the relevant witness statements before me at the time, to which I have already referred.

After the appellants failed to appear at the German arbitration and the Ontario application to enforce the German arbitral award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral award to supply a certified copy of the original award to the application judge.

Specifically with respect to the College Sector, Alan has represented Colleges in arbitrations both under the Academic and Support Staff Collective Agreements, which have included grievances on a range of issues including the Article 11 Workload Formula, job security and lay - offs, Article 2 Staffing, and discharges.

The SCC regularly receives articles, theses or notes on international commercial arbitration and investment arbitration.

Here's an article on arbitrating legal fee disputes: Hassell Arbitration on Arbitrating Legal Fee Disputes Where things stand as of May 2017 (this blog post was updated after being posted): If there is an arbitration clause, disputes go to arbitration.

Has written and published more than 300 articles and seminars on international and domestic construction contracts; construction contract administration; arbitration and mediation rules and techniques; negotiation; construction, government contracts, and engineering law.

Jeffrey N. Catalano of Todd & Weld LLP was interviewed for the December 1, 2014 edition of Massachusetts Lawyers Weekly for a front - page article entitled «Med - mal lawyers shed new light on arbitration realities.»

graduates published individual articles on various international arbitration in Young Scholars in International Arbitration, a collection of essays published by Miami Law's International Arbitration Institute (IAI), which was prepared in conjunction with the 2014 International Council for Commercial Arbitration (ICCA) Congress held in Miami.

13, who published two articles on investment arbitration in the Transnational Dispute Management (TDM) Journal, as well as Patrick Miller, J.D.»10 and Anna Tumpovskiy, LL.M.»

However, under Article 1 (9) of the Rules on Transparency, the Rules of Transparency are available for use in investor - State arbitrations «initiated under rules other than the UNCITRAL Rules or in ad hoc arbitration proceedings».

The February 2014 issue of the Arbitration News published by the Arbitration Committee of the International Bar Association features the article authored by Partner Alina Popescu on the arbitration related provisions of the new Civil Procedure Code.

«Over the course of the semester I had the chance to write federal court motions regarding the applicability of arbitration clauses, work on legal memos in Spanish for foreign clients, and co-author an article on corruption as a defense in investment arbitration to be published in the McGill Journal of Dispute Resolution.

The Circuit therefore went on the rule that, «since the parties mistakenly designated an arbitration forum that does not exist, the forum selection provision of the arbitration agreement is «null and void» under Article II (3)» of the New York Convention, which regulates the area.

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).

At least for cases involving parties from EU Member States, the effect of insolvency proceedings on pending arbitration proceedings will be determined in accordance with the law of the seat of the arbitration (Council Regulation on Insolvency Proceedings (No. 1346/2000), article 15).

He is also the author of numerous articles on American litigation and international arbitration published in Le Monde, le Code Monétaire et Financier, and the New York Law Journal.

Although the parties are free to agree on procedure, and failing such agreement the tribunal may conduct the arbitration in the manner it considers appropriate, that freedom is subject to the other provisions of the Model Law, including Article 18.

Jeffrey G. Weil, chair of the Commercial Litigation Department, wrote an article for The Metropolitan Corporate Counsel on how businesses can take advantage of their arbitration agreements.

The primary focus of the articling experience in Toronto is on all aspects of labour and employment law, including labour arbitration, proceedings before the Ontario Labour Relations Board and Canada Industrial Relations Board, human rights and equity issues (including Charter litigation), collective bargaining, construction labour relations, pension and benefits law, workers» compensation, disability claims, employment standards, wrongful dismissal litigation and occupational health and safety.

And Article 7 of the Arbitration Law expressly provides that arbitration should be based on facts, in line with the law, fair and reasonable settlement of disputes.

The New York Times is running a series of articles on consumer - business arbitration (read them here, here, and here).

Judge Rodriguez is a frequent speaker on continuing legal education seminars and has authored numerous articles regarding employment law, discovery and arbitration issues.

In addition, the new Code's articles 1 through 7 advocate for private settlement, mediation and arbitration and introduces a chapter on mediation, in family law matters and other civil / commercial matters, as part of the wide case management powers now granted to courts.

The articles focus mainly on the effect of arbitration on consumer and class action litigation and raise important issues of fairness, transparency and access to justice.

Under Article 1 (3)(a) of the UNCITRAL Model Law on International Commercial Arbitration («Model Law»), a commercial arbitration agreement is international if the parties have their places of business in different countries at the time of the conclusion of the agreement.

On publication of your new article, «Pathological arbitration clauses, good faith and the protection of legitimate expectations,» published in Arbitration International.

She has also authored and co-authored numerous papers and articles on family law issues, particularly on mediation / arbitration and custody and access.