Sentences with phrase «as arbitral»

Against this approach of reforming the present system must be weighed the benefits of enshrining Indigenous rights to land in a completely different protective system to that which presently exists, such as an arbitral system suggested by Justice McHugh.

Siegfried has acted in more than 230 arbitrations, including ad hoc proceedings as well as arbitral proceedings under the rules of leading arbitral institutions such as DIS, HCCI, HKIAC, ICC, ICSID, SCC, VIAC and others.

It is a further step by DIAC to position itself as the arbitral institution of choice in the region and cement Dubai's reputation as a Middle East arbitration hub.

At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine.

Unless the parties have agreed otherwise, the arbitral tribunal may order that pre-award and post-award interest (either simple or compound) be paid by any party on any sum awarded at such rates as the arbitral tribunal decides to be appropriate (without being bound by rates of interest practised by any state court or other legal authority).

In addition, the instruments, if ratified, would not cover settlement agreements that are approved by a court or have been concluded in the course of proceedings before a court, or those that have been recorded and are enforceable as arbitral awards.

With a profoundly deep understanding of law, Cui Qiang has accumulated extended experience as arbitral agent and...

With a profoundly deep understanding of law, Cui Qiang has accumulated extended experience as arbitral agent and litigator, and helped clients secure favourable results in most (over 95 %) of the cases he has handled.

We represent those clients in all aspects of litigation and dispute resolution in trial and appellate courts throughout the country at the state and federal level, as well as arbitral forums such as JAMS, AAA, FINRA and the SEC.

The recent reform of the UAE Penal Code, permitting imprisonment of arbitrators who are alleged to have contravened their duty of neutrality, is undoubtedly a most concerning development which has and will continue to affect the desirability of Dubai as an arbitral jurisdiction until it is reformed.

Hong Kong has a close and friendly rivalry with Singapore and has rightly commanded considerable confidence as an arbitral jurisdiction.

These remarks do not entirely eliminate the Court's autonomy concerns as arbitral tribunals may well engage with EU law in ways that have an adverse effect on its autonomy.

Not exact matches

«At the minimum [Duterte] shouldn't be seen as giving up our claims to Scarborough, or seen as backtracking given the favorable ruling of the Arbitral Tribunal,» said Renato Reyes, the secretary - general of radical grassroots coalition Bayan, according to Hayton.

As previously disclosed, the Company received a final judgment in its favor for a total of US$ 1.9 million plus interest from the US District Court for the District of Arizona in January, 2016 related to an arbitral award of R$ 7.8 million, including interest and penalties, from a Brazilian arbitration panel.

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

It is quite fascinating to note that the topic I elected to write a thesis on more than 17 years ago remains a topical issue to the extent that a world leading institution such as the IBA has constituted a sub-committee, under the auspices of the IBA Arbitration Committee, to tackle public policy in relation to enforcement of arbitral awards, and the sub-committee issued an excellent report last year on the matter.

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralArbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralarbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralarbitral awards.

In consequence, concerns were expressed by lawyers that if the anti-suit injunction remained an available remedy in other jurisdictions outside the European member states, then arbitral seats such as New York or Singapore would become more popular than London, if London was no longer capable of making such orders.

They say the theory that parties choose their arbitral seat on the basis of whether the court of that jurisdiction is able to issue an anti-suit injunction is unproven and that such orders are no longer as popular as they once were in any event.

As often in environmental law, in the framework of the Aarhus Convention preference has been given to a non-binding compliance mechanism over a judicial or arbitral system of dispute settlement.

It is anticipated that Hong Kong will continue in this reforming mode, particularly as it tries to establish itself as the go - to arbitral seat in the region in the face of strong competition from Singapore.

United by their common enthusiasm and ongoing dialectics in delving into legal topics linked to corporate dynamics, Alberti & Fontana deals with M&A, industrial and intellectual property (trademarks, patents, unfair competition, copyright), labor and corporate law, out - of - court stage (drawing up and providing consultancy for corporate contracts, company deeds, license contracts), as well as contentious, arbitral and administrative proceedings.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

If arbitration clauses in intra-EU BITs adversely affect EU law, then there is little point in discussing whether or not the Court's conclusion is justified in light of arbitral practice — it's time to move on and to understand what will happen next, rather than to analyse whether there actually is or should be room for investment arbitration in intra-EU relations as a matter of EU law.

This is not to say that arbitral tribunals have not engaged with EU law in ways that would not appear as problematic from the perspective of autonomy.

Neither does the Court's approach recognize that arbitral tribunals appear to respect the autonomy of EU law, as also testified by the above quotes from intra-EU arbitral awards.

Valid arbitral awards can withstand untimely collateral attacks, as Andreas Dracoulis & Matthew Turner demonstrate

Article 2 of the 1927 Geneva Convention states in relevant part: «If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

581 (2004), where the court held that an arbitrator's failure to state reasons, as required by the rules of the American Arbitration Association agreed upon by the parties, was not considered part of the arbitral procedure.

The Convention's aim is not to limit the pre-existing freedom of the Contracting States to treat foreign arbitral awards or arbitration agreements as favourably as they please, but rather to facilitate their recognition and enforcement to the greatest extent possible.

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

Indeed, arbitration now seems to be commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral awards, as well as confidentiality of arbitral proceedings.

The Svea Court of Appeal however dismissed the arguments since the investors failed to convincingly show that an interpretation of the object and purpose of either the BIT as a whole, or the dispute - resolution clause in particular, meant that the arbitral tribunal's jurisdiction included an examination of whether expropriation had occurred.

[2] The analysed awards were not only issued under the ICC Rules of Arbitration, but also under the rules of other arbitral institutions, such as the CIETAC, the HKIAC, the DIS, the ICDR, the LCIA, the PCA, the SCC and the SIAC.

Under this provision, as well as the equivalent provision of the former French Code of Civil Procedure, the composition of the arbitral tribunal is measured against the will of the parties.

Indeed, some commentators consider that only the subject matter jurisdiction of the arbitral tribunal is a «matter» within the meaning of article V (1)(c), as opposed to the arbitral tribunal's jurisdiction over a particular party.821

As recorded in the travaux préparatoires of the New York Convention, the omission of language in the 1927 Geneva Convention allowing postponement of recognition or enforcement, or granting enforcement subject to a guarantee, of any award that «has not covered all the questions submitted to the arbitral tribunal», was a «significant change» from the wording of the 1927 Geneva Convention.809 The omission is particularly notable given that article V (1)(c) contains very similar language to article 2 (b) of the 1927 Geneva Convention.810

When reviewing the good, the bad and the ugly of the arbitral jurisdictions, Dubai emerged as a strong contender for the last two epithets.

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 awardas 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 awardas 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 awardAs 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.

In formal dispute resolution, Phillip leads and manages litigation and international arbitration cases including appearing as lead advocate before institutional and ad hoc arbitral tribunals throughout the Asia Pacific region.

An arbitral award was rendered in India against a United States corporation, which argued before the Court that it should not be enforced in the United States on grounds that India would not have enforced the award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats awards rendered in India in favour of Indian parties in a similar manner.

In addition, Ms. Hanlon has extensive arbitration and dispute resolution experience both in the UAE as well as before international arbitral tribunals.

Against this background, the ICC Commission's Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

«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.

The travaux préparatoires show that various concerns were raised over the form and substance of this principle, including concerns that severability of arbitral awards would in practice «open the door to a review as to substance», 794 which the drafters of the New York Convention sought to prevent.

- The provision under which the parties may, subject to the consent of the mediator, agree to appoint the mediator as an arbitrator and request him or her to confirm the settlement in an arbitral award, has been maintained (Article 15).

He has extensive knowledge of and experience with the workings of Québec's civil courts, as well as the rules of various international commercial arbitral institutions.

Summary: The counterparty resisted enforcement against a Russian arbitral award on the grounds that it was not «duly» notified of the arbitration proceedings, as required by Section 54 of the...