Sentences with phrase «considering arbitration of disputes»

Parties considering arbitration of disputes involving IPRs should seek legal advice about the implications of agreeing to arbitrate, particularly in a cross-border context.

Not exact matches

On dispute settlement, Guajardo said that Mexico would be willing to consider some adjustments to the investor - state dispute settlement system, after the United States proposed making the use of such arbitration panels optional.

This article considers Hong Kong's ability to capitalise on dispute resolution work arising, now or in the future, out of OBOR disputes, with a focus on commercial arbitration and mediation.

' The disputing parties can invoke EU law related arguments in intra-EU arbitrations if this is considered a good litigation strategy and if the facts and legal materials facilitate their use, and this holds true irrespective of the wording of the arbitration clause or the content of the arbitration rules that govern the dispute.

Though some courts have considered that challenges to personal jurisdiction may fall under article V (1)(c), these challenges may alternatively be deemed to constitute disputes in relation to consent and the existence of a valid arbitration agreement, which fall more squarely under article V (1)(a).

UNCITRAL considers the New York Convention to be one of the most important United Nations treaties in the area of international trade law and the cornerstone of the international arbitration system.4 Since its inception, the Convention's regime for recognition and enforcement has become deeply rooted in the legal systems of its Contracting States and has contributed to the status of international arbitration as today's normal means of resolving commercial disputes.

Considering the disadvantages of arbitration, its changing nature, and changes in the pool of available arbitrators, employers should consider another alternative; having agreements with their employees that all legal disputes will be submitted to court, but only before a judge without a jury (a «bench trial»).

Considering the gap in economic power with South - East Asian countries where international arbitration is active as described above, such number of cases can not be said to be enough for Japan's international dispute resolution organisation.

The disputes are often considered under a foreign applicable law and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UNdisputes are often considered under a foreign applicable law and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UNDisputes (ICSID), or the United Nations Commission on International Trade Law (UNCITRAL).

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events

In Accentuate Ltd v ASIGRA Inc. [2009] EWHC 2655, however, the High Court suggested that an arbitration agreement will be considered «null, void and inoperative» if it purports to require the submission of disputes governed by mandatory EU law to an arbitral tribunal seated in a non-EU state applying non-EU law.

However, in Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation, the High Court considered whether the arbitrator possessed «the qualifications required by the arbitration agreement» under Section 24 (b) of the Arbitration Act 1996 in an insurance dispute arising out of the 9/11 attack in New York.

In Ciano Trading & Services C.T. v. Skylink Aviation Inc. the Ontario Court of Appeal considered the appeal of an order staying court proceedings pending the arbitration of the dispute.

In Wellman v. TELUS Communications Company, 2017 ONCA 433, the Ontario Court of Appeal recently considered the law applicable to determining whether to bifurcate a dispute between court proceedings and arbitration.

Considering the enforceability of the arbitral award, Taiwanese companies may tend to accept, or even propose, to resort to SIAC, HKIAC or other international arbitration associations if involving cross border transactions, and to have their future disputes arbitrated in counties where New York Convention applies.

A New Jersey appellate has considered whether a lawsuit involving a commission dispute between members of a REALTOR ® association should be sent to arbitration when the lawsuit also sought punitive damages.