Sentences with phrase «by the arbitration award»

The trial judge mistakenly considered this to constitute a change of residence contemplated by the arbitration award and reduced child support, ordering it to be payable on a per diem basis only for the days that the son was in the care of the appellant.

The Employer is required by statute and by that arbitration award to have a workplace that is free of harassment.

Not exact matches

The company said that it intends use the net proceeds from the arbitration award, after federal and state taxes of approximately 37 percent and certain other expenses, to repurchase Mondelez International Class A Common Stock, subject to final approval by the Board of Directors and actual receipt of the proceeds.

A Finra arbitration panel has awarded Morgan Stanley $ 6 million in compensatory damages, to be paid by former broker Barry Connell.

Many municipal officials have complained that the state arbitration system often favors unions by not capping annual salary awards and inadequately weighing the government's ability to afford raises.

The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes).

Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

''... employees of a school district or charter school may not legally strike due to a school district or charter school's refusal to grant a salary or wage increase if the refusal is required to comply with this section; and neither a school district or charter school nor an exclusive representative mayrequest interest arbitration in relation to an increase in the rate of salary or wages that is prohibited by this section and an arbitrator may not issue an award that would increase salary or wages in a manner prohibited by this section.»

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraAWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraaward made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitraaward on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to aarbitration hearing is concluded with the clerk of the district court that referred the case to arbitrationarbitration.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

In international arbitration enforcement of awards is facilitated by the New York Convention in more jurisdictions and more easily than enforcement of court judgments internationally.

However, foreign investors may avoid all these difficulties by recourse to arbitration and indeed, Morocco is a member of the New York Convention on the recognition and enforcement of foreign arbitral awards and a member of The Washington Convention on ICSID.

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.»

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.

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

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

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.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

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.

A U.S. District Court rejected Argentina's attempt to vacate a USD 21 million international arbitration award in a proceeding administered by ICSID under the...

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

By submitting the dispute to arbitration under the Rules, the parties undertake to carry out any award without delay and shall be deemed to have waived their right to any form of recourse insofar as such waiver can validly be made.»

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

Moreover, by confirming that the public policy objection can not be interpreted broadly, the Supreme Court confirmed that when parties agree to arbitrate their disputes, they may expect that there will be limited grounds on which they may challenge the award and should be ready to accept these consequences of agreeing to arbitration.

Kazakhstan also claimed that the award was not covered by a valid arbitration agreement and that the tribunal had been appointed in violation of the SCC Rules.

The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international commercial disputes in a fair and effective manner, recognise and enforce international arbitral awards and encourage dispute resolution by arbitration.

To the extent that the arbitral award is not covered by a valid arbitration agreement, it will most certainly be set aside.

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.

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

For instance, the Supreme Court of Spain enforced an award rendered by a sole arbitrator appointed by one of the parties, where the party opposing enforcement had refused to appoint a co - arbitrator.883 Similarly, a United States court enforced an award rendered by one of the party appointees as a sole arbitrator where the other party chose not to participate in the arbitration.884

The Court confirmed that because collective bargaining agreements are negotiated and refined over time by the parties themselves to reflect their needs, and since arbitrators are chosen by the parties because of their expertise in the particular business and their trusted judgment to interpret and apply the agreement, a court's review of an arbitration award is «very limited».

Summary: The appellant moved the Supreme Court to grant its application for recognition and enforcement of an arbitration award rendered by the International Centre for Dispute Resolution in New...

The court considered that «while an arbitrator may not award relief expressly forbidden by the [arbitration agreement], an arbitrator may award relief not sought by either party, so long as the relief lies within the broad discretion conferred by the [United States Federal Arbitration Act].»

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.

68 and 69 of the Arbitration Act 1996 to vary an LMAA arbitration award made by a distinguished three - member tribunal.

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...

[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an arbitration award against, among others, non-parties to -LSB-...]

The Russian Federation, the English proceedings relating to the US$ 50 billion arbitration awards obtained against Russia by the former majority shareholders of Yukos.

Summary: A party challenged the arbitration award under Section 34 of the Arbitration Act, arguing that the arbitrator exceeded his mandate by basing his decision on a legal provision not...

Summary: The claimant sought to annul the arbitration award alleging that the arbitrator had exceeded his mandate by basing the award on legally relevant circumstances that had not been referenced...

Summary: The appellant challenged a Swedish arbitration award under Section 34 (5) of the Swedish Arbitration Act, alleging that a party - appointed arbitrator's prior appointments by the same law...

Charles acted for Soteropoulos in an unsuccessful mediation, which was followed by an adverse arbitration award as well as a costs order against her.

engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality of any award, including repeated challenges to an arbitrator's appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);

But the circuit court — noting that the standard for overturning an arbitration award is that it was made «in manifest disregard of the law» — concluded that the district court erred by substituting its own decision on the merits for that of the arbitration panel.

They may also help improve the reputation of international arbitration, which has been criticised for its lack of transparency (both of the process and the awards) and accountability (of arbitrators and practitioners alike) by some sections of the media and members of the legal profession.