Sentences with phrase «by arbitral bodies»

These are specified in Section 39 NTA, which sets out a broad range of minimum criteria that are to be taken into account by arbitral bodies when deciding on right to negotiate matters that have failed to be settled by negotiation.

Section 39 NTA sets out a broad range of minimum criteria that are to be taken into account by arbitral bodies when deciding on right to negotiate matters that have failed to be settled by negotiation.

At the end of the six month period any negotiating party can apply for a determination by an arbitral body if agreement has not been reached.165 This determination may address whether or not the act may be done or whether the act can be done subject to certain conditions.166 However, the arbitral body can not determine that native title parties are entitled to payments worked out in relation to the profits made from the project; income derived or anything produced.167 Finally, if the Commonwealth, State or Territory Minister considers it to be in the interests of their jurisdiction, they are able to overrule the determination of the arbitral body.168

Not exact matches

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the dearbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the deArbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.