Sentences with phrase «claimant in the arbitration»

W Limited v. M Sdn Bhd arose from a London Court of International Arbitration proceeding where, shortly after Mr. Haigh's appointment, the parent company of the claimant in the arbitration acquired a company that was a client of Mr. Haigh's law firm.

It is interesting that, in finding no such reasonable doubt in this case, the court relied heavily on an affidavit submitted by Mr. Haigh describing his relationship with the firm, and the ongoing conflict checks he conducted which did not disclose the relationship between the firm's client and the claimant in the arbitration.

Not so according to Jamie Curle: «Essar confirms the growing relevance of third party funding to claimants in arbitration and its inexorable march into the mainstream.

Represented the claimant in an arbitration concerning a high profile scandal involving futures trading in the oil reserves of an African state.

Represented the respondent / counter claimant in an arbitration concerning the engineering and construction of an LNG plant in the Yemen.

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

Not exact matches

For example, in the IP Busta arbitration the claimants were UK citizens who had formed a joint venture with a Czech company, and the latter had moved (or stolen) certain goods owned by the claimants, which the local police later seized and returned to Messrs. Busta.

Sole presiding arbitrator in a maritime dispute with a Nicaraguan claimant and Bahamian Respondent, applying general United States maritime law, and with the seat of arbitration in Nicaragua.

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 arbitrator was highly critical of the conduct of the Respondent in the arbitration, stating that the Claimant was at a clear financial disadvantage and was faced with no alternative but to seek third party funding because the Respondent:

Following an arbitration in respect of a repudiatory breach of an operations management agreement, the Respondent in the arbitration was found liable to the Claimant for around US$ 12 million in total (including costs).

Represented the French subsidiary of a Norwegian company, claimant in an ICC arbitration relating to the construction of oil platforms

-- ICC Commodities Arbitration: Sole counsel for the respondent in London arbitration concerned with gold trading and quantification of damages for breach of a major supply contract and involving extensive cross-examination of the claimant's witnesses.

Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...

Telekom Malaysia as claimant in a UNCITRAL arbitration against the Government of Ghana for improper regulatory interference with and expropriation of Telekom's investments in Ghana, and related domestic Ghanaian court proceedings.

He was appointed by the British Government in 2004 to the list of Arbitrators under the ICSID Convention, and is currently sitting or has recently sat in five ICSID arbitrations as Chairman * and seven as Party - appointed Arbitrator ** (both claimant and host State), and in five ICSID annulment proceedings ***, as well as in arbitrations under the ICC, PCA, Stockholm Arbitration Institute and LCIA (sole arbitrator), and ad hoc.

It would result in the claimant having won an expensive arbitration, and the same left with only a paper award.

Given their established reputation as leading Counsel in public international law, members of 11KBW are regularly instructed to act for and advise both claimants and respondents in State - State and investor - State arbitrations.

Arbitration — Claim in arbitration rejected and costs awarded against claimant — Appeal against arbitration award for serious irregularity — Application by defendant for security for the costs of the application and security for the costs award — Effect of claim being funded by litigation funders — Arbitration Act 1996, sections 68 (2)(d), 70 (5) and 70 (6).

Instead, the Arbitrator issued an offset award in favor of LTL's client and ordered the Claimant to pay all arbitration expenses.

The claimant later brought an arbitration proceeding in which she sought increased amounts of attendant care and med / rehab benefits following her catastrophic designation.

Counsel for claimant in UNCITRAL arbitration case no.

Co-Counsel for claimant in ICC arbitration case no. 14793 / JHN involving exit provisions in a joint venture

Counsel for claimant in ICC arbitration case no. 16199 / GZ involving scope of bank guarantees and state aid exemptions

Represented the claimant in a multi-party arbitration between an independent oil and gas company and its JOA partners concerning participation in an offshore India gas field.

She is also currently acting (with Toby Landau QC) for a claimant investor in an ICSID arbitration which involves issues of freedom of expression and expropriation (Al - Jazeera v Egypt).

Co-Counsel for claimant in ICSID arbitration case no.

Representing the claimant in an ICC arbitration between two of the largest telecoms operators in India concerning access to a subsea fibre optic cable stretching from the UK via the Middle East, India and South East Asia to Japan.

The claimant was ordered to pay arbitration expenses in an offset award.

Although initially unsuccessful on the preliminary issue hearing, James successfully argued on appeal that the insurer has a right to challenge a catastrophic designation in response to an arbitration brought by a claimant.

The A: Chris was instructed on behalf of the Claimant charterers and bill of lading holders in this unseaworthiness arbitration in which the tribunal issued an interim award in Chris client's favour in relation to the question of incorporation of the Hague Rules into the charterparty.

H&W maintained their objection, pointing out that the claimant was unfamiliar with the English legal system and the nature of barristers» chambers — they pointed to the fact that participants in ICSID arbitrations were from all over the world.

Can third party funding in arbitration diminish the menace of the unfunded claimant, asks James Clanchy

Perhaps the best examples of this section of the market come from the world of in bilateral investment treaty arbitration where claimants are almost invariably «Davids» because «Goliath» (the respondent state) has expropriated their assets.

In a decision recently posted on the Swedish Arbitration Portal, the Svea Court of Appeal upheld an award dismissing an arbitration after the claimant failed to pay additional advances on costs.

The Claimants are claimants in a continuing arbitration against the KRG, which is represented in the arbitration by the Minister of Natural Resources of the Government of Iraq, with the London office of the international law firm Wilmer Cutler, Pickering, Hale and Dorr instructed with a team of English Counsel.

With respect to class action waivers in arbitration clauses, recall that in 2010 the South Carolina Supreme Court invalidated a provision in an arbitration agreement requiring purchasers to waive their right to participate in a «class action or multi-plaintiff or claimant action in court or through arbitration.»

It will enable claimants to fund the costs of various legal disputes which could include disputes with joint venture partners or with governments, both via litigation in the courts or international arbitration.

Sean is regularly instructed by various Governments and by claimants in international arbitration.

* When applying the SCC Rules, the Claimant is also required to appoint an arbitrator in addition to submitting the request for arbitration.

Up until now, most litigation funding opportunities have arisen in the huge litigation and arbitration markets serving the needs of small to medium sized claimant enterprises that have contractual and other disputes with much larger entities.

In connection to the confirmation of receipt of the request for arbitration, the SCC may, if applicable, ask for further details from the Claimant.

The claimant may elect to treat its notice of arbitration referred to in article 3 as a statement of claim, provided that the notice of arbitration also complies with the requirements of paragraphs 2 to 4 of this article.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

This has involved acting for clients both in a defendant and claimant capacity in litigation, arbitration, mediation and adjudication.

The litigation funding industry has established and paid for its own regulation and defined best practice, protecting claimants who seek the rational management of financial risk in litigation and arbitration.

The European Court of Justice (ECJ) issued a judgment on important jurisdictional matters for cartel follow on cases; while it is being criticised for what it says (or does not say) about the applicability of arbitration clauses, its real practical meaning may lie in the claimant - friendly and clear decision that cartel victims can sue cartelists in the court of the cartel victim's domicile.

Christian Stuerwald and Mick Smith provide brief comments on an interesting case recently decided by the High Court, in which the High Court confirmed an arbitration tribunal's decision that the success fee a claimant pays to his litigation funder is recoverable from the losing defendant in certain circumstances.

An ongoing arbitration in which a claimant seeking payment for 2 cargoes from Iran.

With these solutions, we take on the costs and risks burden of a litigation or arbitration, often in liaison with highly skilled claimant law firms.