Sentences with phrase «enforce the award in»

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain, where the Tata group's interests include Tata Motors and Tata Steel.

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain.

Article V (1)(c) is the only article in the Convention which expressly states that courts may partially enforce an award when there are grounds for refusing to recognize or enforce some aspects of the award.834 Courts have referred to the principle for partial enforcement expressed in article V (1)(c) to partially enforce awards in connection with challenges brought under other provisions of the Convention.

Since 2004, IPCO has repeatedly sought to enforce the award in England before the proceedings in Nigeria have been concluded.

Despite that agreement, IPCO again sought to enforce the award in England in 2012.

They include narrow grounds to challenge an award and quicker procedures to enforce awards in local courts.

It unanimously upheld the decision of the Alberta Court of Appeal, which in turn upheld the trial court, in all cases finding that the winner of the Russian arbitration was out of time to enforce the award in Alberta.

Commisa subsequently commenced proceedings to enforce the award in New York while simultaneously appealing the Mexican court's judgment to set aside the award.

Bechtel then subsequently enforced the award in France [4] and took steps to enforce the award in the US as well, [5] both of which are signatories to the NYC.

Some foreign practitioners have had the perception that UAE courts are reluctant to recognize and enforce awards in general, and in particular, foreign awards under the NYC.

A successful litigant who has relied upon the Handbook as a route - map to judgment might justifiably feel let down at not being able to discover in a similarly practical and approachable manner how to enforce an award in the face of a recalcitrant employer.

As the matter limped through the Nigerian justice system, IPCO sought again in 2008 to enforce the award in England on the grounds that the Nigerian proceedings could take years.

Despite the Award being set - aside in Russia, Maximov sought to enforce the Award in France and the Netherlands.

Not exact matches

CARACAS Venezuela on Thursday scorned a $ 2.04 billion award to ConocoPhillips over a decade - old nationalization as the U.S. oil producer filed suit in a federal court to enforce the decision.

Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the award, saying the court had jurisdiction because the ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.

Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys» fees, incurred by the other party in enforcing the award.

Dr. Natividad N. Relucio Clavano is hereby awarded the Order of the Golden Heart in the field of Pediatrics, where she pioneered in Young Child Feeding with her work in the «Under - Five Clinic National Program,» and in Infant Feeding with her work on the «Baby - Friendly Hospital Initiative» (subsequently replicated in 192 countries) which made her famous all over the world, where she banned infant formula milk from the Maternity Ward of Baguio General Hospital and enforced a regime of «rooming - in» of the infant.

Thus, in conquered areas, Shariah was strictly enforced, and punishments awarded accordingly.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

The watchdog is now consulting on how it should amend its current rules to «explicitly set out» the steps awarding organisations must take to protect the integrity of assessments, and on the new rules it will put in place to enforce the rules.

The Secretary shall award a grant under this section to any State that enacts and enforces a statute that meets the requirements set forth in subsections (b) and (c).

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

If found by Sponsor to be in violation, Entrant agrees to pay all legal fees and damages incurred by Sponsor to enforce this provision, and, if applicable, return to Sponsor any award (s) received as liquidated damages.

C. Costs and reasonable attorney fees shall be awarded to the commissioner or a district attorney in all injunctive actions where the commissioner or district attorney successfully enforces this Part.

After a recent change to the rules enforced by the Cat Fanciers» Association, Dawnstreader Texas Calboy can never win the award of «Best in Show.»

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.

Corral was invited to attend the 106th session of the Working Group on Enforced and Involuntary disappearances at the United Nations in Geneva, Switzerland; awarded a Joan Mitchell Foundation Emerging Artist Grant (2015); included in «Artists to Watch: 18 Exceptional New Talents» by Modern Painters; and attended the International Artist - in - Residence at Artpace, Künstlerhaus Bethanien Residency in Berlin, Germany.

Things have gone from bad to worse in Venezuela, as ConocoPhillips moves to seize some of the Caribbean assets of Venezuela's state - run PDVSA to enforce a $ 2 billion arbitration award.

Justice Mew referred to the decision of the Paris Court of Appeal in SA Auto Guadeloupe Investissements v Colombus Acquisitions Inc, RG 13 / 13459 (cour d'appel de Paris, 14 October 2014), in which the court declined to enforce an award because Canadian arbitrator Henri Alvarez did not fully disclose a conflict of interest relating to his law firm, Fasken Martineau.

For example, pursuant to article V (1)(c), the Trento Court of Appeal in Italy refused to enforce part of an award which granted damages in connection with «technical» disputes.

In the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreemenIn the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreemenin which the tribunal was constituted materially deviated from the parties» agreement.

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

In a 1978 decision, for instance, the Court of Appeal of Florence refused to enforce an award rendered in England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpirIn a 1978 decision, for instance, the Court of Appeal of Florence refused to enforce an award rendered in England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpirin England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpire.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same disputin a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same disputin one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same disputin two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same disputIn a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

Nothing in the language of article V (1)(c) grants enforcing authorities the discretion to refuse or otherwise limit the recognition or enforcement of an award which has failed to address all issues submitted by the parties, but which is otherwise enforceable as to the issues addressed.

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

For example, in a 2004 decision, a German court enforced an award that was rendered five months after the time limit set in the parties» agreement.

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.

A non-domestic award is further one where the award is made in the enforcing state under the laws of another state or because the arbitration contains a foreign element.

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 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.

An arbitral award was rendered in India against a United States corporation, which argued before the Court that it should not be enforced in the United States on grounds that India would not have enforced the award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats awards rendered in India in favour of Indian parties in a similar manner.

The Commercial Court («Privredni sud»), in cases involving commercial disputes, or in other cases, the Higher Court («Visi sud») where the foreign award is to be enforced.

Accordingly, the procedure for enforcing or setting aside an international arbitration award made in Myanmar is uncertain.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

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 itselIn 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 itselin breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

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

For instance, a German court enforced an award rendered in Turkey where the parties had agreed to the rules of the Arbitral Commission of the Istanbul Chamber of Commerce and Industry, and rejected a party's argument that the procedure was not in accordance with the requirements of the Turkish Code of Civil Procedure.866