Sentences with phrase «by the arbitration tribunals»

All decisions made by the arbitration tribunals will be made public.

The parties shall, within a period of time specified by the arbitration tribunal, identify those facts which are not in dispute and submit to the tribunal an agreed statement of facts.

(3) The Centre may, at any time, extend or abridge a period of time required in these Rules, other than a period of time fixed or determined by an arbitration tribunal.

(d) a witness shall attend the hearing for oral examination if requested to do so not less than 2 days before the hearing, or by telephone, videoconference or other electronic media if directed by the arbitration tribunal;

(b) the fees of any expert appointed by the arbitration tribunal, including travel and other reasonable expenses incurred;

(2) A decision by the arbitration tribunal that the contract is null and void shall not entail the invalidity of the arbitration clause unless specifically found to be so by the arbitration tribunal.

Not exact matches

For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 shall apply to all relevant disputes between you and us.

Rather than scrap Nafta's arbitration tribunals, regarded by some free - trade critics as secretive bodies that give private corporations unbridled power to challenge foreign governments outside the court system, the letter proposed to «maintain and seek to improve procedures» for settling disputes.

The process of «external and independent arbitration» provided by the tribunal, he argued, had resulted in a recommendation that release of the minutes was in the public interest.

Tony Wright, chairman of the influential public administration select committee, argued that while he agreed with the principle of collective responsibility the value of the information tribunal's «external and independent arbitration» was being undermined by the veto.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

Commentators have also argued that the judgment has no bearing on arbitrations carried out under the ICSID Convention, and while this is true in a formal sense, it seems equally clear that ICSID tribunals may interpret and apply EU law, with the Court's conclusion extending, by analogy, to them as well.

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 Paris Court of Appeal rejected a challenge to enforcement in which a party argued that the arbitral tribunal had disregarded the «submission to arbitration» by refusing to hold a third hearing following the submission of an expert report.

926 A German court has also considered that the participation of a party in an arbitration without raising any objection may be construed as an implicit agreement with the procedural rules applied by the tribunal.927

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

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

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.

In this instance, the tribunal assessed the issue by reference to the laws of the United States, where the arbitration had taken place.909

The place of arbitration may result from the choice made by the parties, or by an arbitral institution or the arbitral tribunal.

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

Summary: The appellant appealed a judgment by the Svea Court of Appeal to uphold an arbitral tribunal's finding that an arbitration clause applied to a dispute but to amend the tribunal's decision...

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);

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 defendant.

Until the settlement, the LCIA arbitration, which has been running since 2013, was being heard by a tribunal comprised of Lord Hoffmann, Lord Collins and John Beechey.

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.

In so doing, he underscores the crucial role played by courts in support of foreign arbitration, while also shedding light on the interactions between arbitral tribunals and Turkish courts.

Case management conferences between tribunals and parties have been utilized as a common tool by tribunals under all sets of rules, case management conferences are used at the commencement of an arbitration to lay out a procedural framework and timetable for each arbitration.

As stated by the Barreau du Quebec (the province's bar association), the reform to the Code is an important change in culture, one that encourages parties in a dispute to try to resolve their disagreements by amicable means (e.g., mediation, arbitration and other dispute resolution processes) before progressing to courts and tribunals.

The Court rejected the motion, explaining that an arbitral tribunal has jurisdiction to review legal relationships beyond the scope of the arbitration agreement, provided that those relationships are relevant as evidence for the review of the legal relationship governed by the arbitration agreement.

Key features of arbitration are set out below but in summary it is a process whereby parties agree that their disputes will be resolved, in a final and binding manner capable of enforcement, not by the Court but by an independent (and often international) arbitral tribunal.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

Peter Oliver has been elected at the behest of the EU to serve a three - year term as a member of the Aarhus Convention Compliance Committee, a tribunal of arbitration whose decisions acquire legal force when endorsed unanimously by the Contracting Parties.

It continues 9 a.m. Friday October 26 at the Lincoln Center campus of Fordham Law School, 140 West 62nd Street — with a Conversation with famed former SDNY U.S. Attorney and Debevoise litigation chief Mary Jo White, who indicted Bin Laden and pursued Siemens for foreign corrupt practices; a Lecture by the chief Yugoslav tribunal war crimes judge Ted Meron; a two - part series on ICSID investment arbitration with ICSID secretary general Meg Kinnear; and a talk by blind Chinese human rights activist Chen Guangcheng.

The parties can take steps to mitigate this risk, including (i) selection of the seat and the administrative body with confidentiality in mind, (ii) restricting third - party witnesses to «need - to - know» information and (iii) the use of and appropriate confidentiality provision, either in the arbitration agreement itself or in the container agreement or in a «protective order» entered by the tribunal.

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.

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; and

She has acted as counsel as well as secretary to the tribunal in ad - hoc arbitrations and before major arbitral institutions (including ICC, DIS, VIAC, NAI, CAS), at multiple seats and governed by a variety of substantive and procedural laws.

Sean is instructed regularly by various Governments and has appeared as counsel before the International Court of Justice, the UK Supreme Court and investor - State arbitration tribunals.

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

All types of commercial disputes, whether in the Courts, at specialist Tribunals, or by arbitration, mediation or conciliation.

Upfront fees payable to arbitral institutions and the deposit for the tribunal's costs are usually shared by the parties in international arbitrations.

Acting for a complex defence technology provider, defending three person tribunal arbitration proceedings in a claim for $ 450 million by an agent.

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)

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.

In this blog, Robert Rothkopf, Managing Partner of Balance Legal Capital LLP, argues that the call for arbitration counsel to do more to encourage settlement should be complemented by tribunals and institutions in imposing costs consequences for losing parties in the costs award.

Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party.

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).

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.

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.