Sentences with phrase «domestic arbitral»

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.

Kristin advocates for clients in their disputes in U.S. courts and before international and domestic arbitral tribunals.

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

This applies only to circumstances where the parties reside in different provinces or if the proposed decision to refuse enforcement or set aside a domestic arbitral award is made on the ground of «violating the public interests».

We have not restricted our practice to the controlled, predictable confines of federal or arbitration practice, though we feel comfortable in the District Courts, Courts of Appeal, and foreign and domestic arbitral bodies where we litigate.

In Yugraneft, there is no such issue, as domestic arbitral awards are subject to a mandatory two - year limitation period under the Alberta Arbitration Act, and the Alberta Court of Appeal has ruled that international arbitral awards are also subject to a two - year limitation period.

For example, Ontario's Limitations Act waives any limitation period vis - a-vis the enforcement of domestic arbitral awards, but makes no such express exception for international arbitral awards.

In which case, there should not be a distinction between the enforcement of domestic arbitral and international awards in the State where the enforcement is sought, on the base of reciprocity.

III, New York Convention (1958): «-LRB-...) There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards».

As mentioned above, contracting States of the Convention should not impose more onerous conditions on the recognition or enforcement of international arbitral awards than those imposed on domestic arbitral awards.

Kristin has experience representing individuals, companies and sovereign states in their disputes in U.S. courts and before international and domestic arbitral tribunals in a wide range of industries.

Not exact matches

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.

In some circumstances, other international treaties, or the domestic law of the country where enforcement is sought, will also apply to the question of whether a foreign arbitral award should be recognized and enforced.

She has appeared before all levels of Ontario court, the British Columbia Court of Appeal, and before domestic and international arbitral tribunals.

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.

Of the 54 African countries, 26 are signatories to the New York Convention, which ensures enforcement of arbitral awards, leaving more than half which are not, and parties need to consider the attitude of domestic courts to enforcement when deciding which the best jurisdiction is in which to bring a claim.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

She has successfully litigated in both federal and state court, as well as in various domestic and international arbitral forums.

TianTong represents our clients to apply for the enforcement of arbitral awards issued by domestic arbitration institutions, pre-arbitration property preservation and other compulsory measures.

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Court.

Throughout his legal and judicial career, Rothstein has authored more than 100 judgments and arbitral decisions on domestic and cross-border cases of commercial significance and complexity.

Moreover, this step of the homologation process contradicts the finality of the arbitral award and is not a part of the enforcement of domestic awards.

Nevertheless, in Ecuador, with the enactment of the Ecuadorian General Organic Code of Processes (GOCP) in 2015, the domestic rules of procedure require a new homologation process prior the enforcement of international arbitral awards.

In addition, this new homologation process established in the GOPC represents a disadvantage for international arbitral awards compared to domestic awards, reducing somewhat the effectiveness and development of international arbitration in the country.

Considering the differences between the enforcement of domestic and foreign arbitral awards in the UAE

Steven Berry specialises in advocacy in substantial commercial cases in the English courts and domestic and international arbitral tribunals, including ICC, LCIA, LMAA and SIAC, especially in the related fields of insurance and reinsurance, shipping, international banking, commodities and arbitration.

Article III6 of the Convention establishes that signatory States should not impose more difficult conditions, hurdles, or higher fees for the recognition of arbitral awards than they do for their domestic awards.

For almost 130 principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academic sources.

Under the New York Convention, arbitral awards enjoy the same protection as domestic court decisions and deference is given to agreements to arbitrate.

If the Intermediate People's Court intends to invalidate an arbitral agreement, set aside an arbitral award, or refuse enforcement in a domestic judicial review case, it shall report to and obtain approval from the Higher People's Court.

Its arbitrators and mediators hear and resolve some of the nation's largest, most complex and contentious disputes, utilizing JAMS Rules & Procedures as well as the rules of other domestic and international arbitral institutions.

As well as the domestic courts, we regularly appear on behalf of clients (or accept nominations as arbitrator) in many of the main arbitral centres, including Singapore, London, Hong Kong, Paris, Dubai, Geneva and Stockholm.

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

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

The court case was a ruling in response to an application to cancel (set aside) an arbitral award of the Shangrao [Jiangxi] Arbitration Commission, one of the 250 or so domestic arbitration commissions, in a private lending dispute.

In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court.

Is an arbitration between two domestic companies arising from a contract for a shipment between two foreign countries an «international commercial arbitration» for the purposes of the UNCITRAL Model Rules, particularly if the arbitral agreement requires arbitration in a foreign location?