Sentences with phrase «by arbitral tribunals»

Des Williams Interim Measures Issued by Arbitral Tribunals and Domestic Courts — A South African Perspective

In contrast to China, however, Russia has not issued a «position paper», which could be used by the arbitral tribunals to support a consideration that the letter constitutes a proper jurisdictional objection.

7.6 What is the approach of national courts to the enforcement of preliminary relief and interim measures ordered by arbitral tribunals in your jurisdiction and in other jurisdictions?

Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rules.

Although the advocate - general's opinion is not binding, his conclusion that anti-suit injunctions issued by (a) member state courts in support of arbitration or (b) by arbitral tribunals are not prohibited by the Brussels I (recast) will be welcomed by those who consider that the arbitration exception was unreasonably eroded by the ECJ in West Tankers.

In a highly anticipated decision (Gazprom C - 536 / 13) the European Court of Justice (the «ECJ») has clarified that anti-suit injunctions issued by arbitral tribunals are...

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

The Court's reasoning in Achmea confirms that the threat to the autonomy is not averted by the CETA provision that aligns the interpretation of EU law by the arbitral tribunal to the «prevailing interpretation» of the CJEU and excludes that the CJEU is bound by the tribunal's interpretations.

Case management, which is standard practice and conducted by the arbitral tribunal that will eventually hear the merits of the case, leads to much efficiency and less gamesmanship by lawyers.

the reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;

the reasonable costs of expert advice and of other assistance required by the arbitral tribunal;

Witnesses, including expert witnesses, may be heard under the conditions and examined in the manner set by the arbitral tribunal.

If an address has been designated by a party specifically for this purpose or authorized by the arbitral tribunal, any notice shall be delivered to that party at that address, and if so delivered shall be deemed to have been received.

The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

The costs referred to in article 40, paragraphs (a), (b), (c) and (f), shall be fixed by the Secretariat in accordance with the BVI IAC's Schedule of fees and costs, taking into account the amount in dispute, the complexity of the subject matter, the time spent by the arbitrators and any experts or assistants appointed by the arbitral tribunal, and any other relevant circumstances of the case.

If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

General provisions (Article 17) Place of arbitration (Article 18) Language (Article 19) Statement of claim (Article 20) Statement of defence (Article 21) Amendments to the claim or defence (Article 22) Pleas as to the jurisdiction of the arbitral tribunal (Article 23) Further written statements (Article 24) Periods of time (Article 25) Interim measures (Article 26) Evidence (Article 27) Hearings (Article 28) Experts appointed by the arbitral tribunal (Article 29) Default (Article 30) Closure of proceedings (Article 31) Waiver of right to object (Article 32)

Such communications shall be made at the same time, except as otherwise permitted by the arbitral tribunal if it may do so under applicable law.

In the case of questions of procedure, when there is no majority or when the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject to revision, if any, by the arbitral tribunal.

The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondent's failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

Unless otherwise directed by the arbitral tribunal, statements by witnesses, including expert witnesses, may be presented in writing and signed by them.

Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal whether they have any objections as to the expert's qualifications, impartiality or independence.

The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed 45 days.

The respondent shall communicate its statement of defence in writing to the claimant, to the Secretariat and to each of the arbitrators within a period of time to be determined by the arbitral tribunal.

For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).

A copy of the expert's terms of reference, established by the arbitral tribunal, shall be communicated to the parties.

The term «costs» includes only: (a) The fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; (f) The fees and expenses of the Secretariat, including the fees and expenses of the appointing authority.

No award shall be rendered by the arbitral tribunal until it has been approved by the Secretariat as to its form.

A decision by the arbitral tribunal that the contract or other legal instrument is null, void, or invalid shall not entail automatically the invalidity of the arbitration clause.

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, any person appointed by the arbitral tribunal, the BVI IAC and its employees, including the CEO, any member of its Secretariat and any member of any Challenge Committee in respect of any act or omission in connection with the arbitration.

After consultation with the parties, the arbitral tribunal may appoint one or more independent experts to report to it, in writing, on specific issues to be determined by the arbitral tribunal.

Therefore, an interpretation of EU law by an arbitral tribunal in an extra-EU context may be binding under international law, yet it is not authoritative, i.e. binding, under EU law, as EU courts are not required to follow it.

Enforcement of preliminary relief and interim measures ordered by an arbitral tribunal in England and Wales is a two - step process.

there was irregularity in the conduct of the proceedings or the award which is admitted by the arbitral tribunal or other institution or person vested by the parties with powers in relation to the proceedings or the award (section 68 (2)(i)-RRB-.

Accordingly, if and when an award is rendered by the arbitral tribunal in the investor's favour, it may be enforced against host state assets granting the investor claimant excellent prospects of making a recovery.

A real question is whether this issue of delay should have been dealt with by the arbitral tribunal or the court.

(c) by the arbitral tribunal if so authorised by the parties, or determined, in the absence of any such designation, having regard to the parties» agreement and all the relevant circumstances.»

The only expertise brought by the arbitral tribunal to the process of interpreting the lease was legal expertise, and the court, which is comfortable with interpreting commercial agreements and rightly considers itself expert in doing so, undoubtedly felt that it should have little reluctance in setting the tribunal's award aside.

If the delay in seeking arbitration is to be a factor, that factor is one to be applied by the arbitral tribunal.

Not exact matches

On February 29, 2016, Cecilia Malmstrom, European Commissioner for Trade, and Chrystia Freeland released a joint statement announcing that an agreement was reached to replace the «ad hoc» arbitral tribunals outlined in CETA, with a permanent tribunal whose members will be appointed in advance and will bound by strict ethics regulations.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

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.

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.

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

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».

Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor's investments in Yukos Oil Company.

The judgment's references to the principle of mutual trust, and to the idea that the member states respect the EU's foundational values by implementing EU law effectively, creates the perception that arbitral tribunals not only decrease the «full effectiveness» of EU law, but also apply and implement values other than those listed in Article 2 TEU.

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 example, the Spanish Supreme Court was faced with a challenge by a party claiming that the arbitral tribunal had not taken into account all relevant factors presented to the arbitral tribunal, which would have led to a different result.