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.
the award deals with a dispute or contains a decision that goes beyond the initial arbitration clause;
(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-;
Not exact matches
Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases
dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder
dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral
awards);
Unlike the Ontario Labour Relations Board (OLRB), which had
dealt with these kinds of challenges in the past, the OCJ does not have jurisdiction to grant interim relief while the charges were being adjudicated, has no obvious jurisdiction to interpret the compulsory trade restrictions in light of their safety purpose, is not required or even permitted to consider workplace agreements or jurisdictional
dispute awards, and lacks the expertise necessary to understand and resolve these
disputes in their proper labour relations context.