Sentences with phrase «for arbitral rules»
In particular, the afternoon's fourth panel emphasised the need for arbitral rules that are flexible enough, to handle those differences, and for a flexible, fair and transparent arbitration process.
https://www.africanlawbusiness.com/ Not exact matches
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
The arbitral tribunal also held that the very rules providing access to the ICSID Additional Facility made it in fact available for use, and noted that NSPI had not even approached that forum to determine its availability.
It is of fundamental importance that the legitimacy of the arbitral process be protected at all times, and the ICC initiative establishes with clarity the parties» duty to cooperate in good faith and to behave with integrity for the sake of the fair and efficient resolution of disputes submitted to our rules.»
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 dearbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the deArbitral Tribunal (CSAT), which was a body created and constituted by the defendant.
While nearly all international arbitral institutions now make provision in their rules for interim relief, national courts are often in a stronger position to...
Today, the SCC has become the second largest arbitral institution in the world for the administration of disputes between investors and states under its own rules.
Chairman or member of Arbitral Tribunals in more than 150 commercial or investment arbitrations carried out under the rules of the ICC, ICSID, UNCITRAL, SCC, LCIA, AAA, Vienna Arbitral Chamber, Milan Arbitral Chamber and the Cairo Regional Centre for International Commercial Arbitration.
Represented a foreign company in defense of an action in the U.S. District Court for the District of Columbia to have an approximately $ 200 million UNCITRAL Rules arbitral award recognized and enforced under the New York Convention.
There may also be specific rules and instructions for cases before the particular court, arbitral tribunal or other body, as well as directions specific to the particular matter.
Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.
During the UNCITRAL colloquium on PPPs in 2014, for example, participants questioned the suitability of utilizing international arbitration for PPP - related disputes, mainly because of the «multiple investment treaties, multiple international arbitration forums, cases and rulings, and the poor enforcement of international arbitral 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 sourcFor 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 sourcfor 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.
While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;
Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law issues.
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.
If a party, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.
The UNCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationRules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationrules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship.
BIAC shall perform the following main tasks (with the right to perform additional tasks as the case may be pursuant to a decision of the Governing Board): (a) Receive requests for the appointment of an Arbitral Tribunal by the Governing Board (Art. 4 (1) of the Rules).
Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations.
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 4For 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 4for 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 4for 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).
(b) Deliver copies of the request for the appointment of an Arbitral Tribunal to the Respondent and simultaneous setting of a time period for the appointment of the party's arbitrator (in the case of an Arbitral Tribunal consisting of three arbitrators), respectively for the notification of acceptance of the Claimant's proposal or for the notification of a counterproposal by the Respondent (in the case of a sole arbitrator), by the Governing Board (Art. 4 (2) of the Rules).
Whether the arbitration in question is governed by the UNCITRAL Arbitration Rules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rRules, the ICSID Convention, the Arbitration Rules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rRules of the International Chamber of Commerce, the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rRules of the Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral tribunals, arbitration hearings, and decisions by arbitral tribunals, and give more room for third - party participation under a uniform set of rulesrules.
The revision introduces major changes to the existing arbitral procedure under the DIS Rules and is the result of an extensive consultation process which lasted for almost two years.
Further, although any relevant institutional rules may set out a framework for the arbitral procedure, they tend to leave detailed procedural matters to be determined in individual cases.
Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.
Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.
In Cassation No. 1 of 2017 (JT), the Judicial Tribunal ruled that a London - based arbitral award was not enforceable in the DIFC Courts in accordance with the New York Convention 1958 because the debtor had brought parallel proceedings with the Dubai Courts - affiliated Centre for Amicable Settlement of Disputes.
He has acted as counsel in numerous commercial and construction arbitrations in the UAE and internationally, both ad hoc and under the rules of the major arbitral institutions, including the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Dubai International Arbitration Centre (DIAC), DIFC - LCIA, the International Centre for Settlement of Investment Disputes (ICSID), and UNCITRAL.
Parties should consider making provision in their arbitration agreement for the applicable arbitral rules, governing law, arbitral seat, language of the arbitration, and number of arbitrators.
A party can only apply to the court for a ruling on jurisdiction during arbitral proceedings in two circumstances:
We will examine the actual mechanisms for investor - State dispute settlement under arbitral facilities such as the International Centre for Settlement of Investment Disputes as well as under ad hoc arbitration rules.
Perkins Coie represents clients in ad hoc international arbitrations as well as those conducted under the rules of every major arbitral institution, including investor - state arbitrations under the International Centre for the Settlement of Investment Disputes.
When a specialized trial division, after review, has ruled to recognize and enforce a Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration award, recognize and enforce a foreign arbitral award, the enforcement shall be transferred to the enforcement departments for enforcement.
We have advised or acted for clients on disputes under all of the principal arbitral rules, including those of the:
In international investment treaty and commercial arbitrations in virtually every country in Central and South America under all major arbitral rules and institutions, including among others International Centre for Settlement of Investment Disputes («ICSID»), International Chamber of Commerce («ICC»), United Nations Commission on International Trade Law («UNCITRAL»), and International Centre for Dispute Resolution («ICDR»);
The SIAC has issued a proposal for the adoption by arbitral institutions of a protocol for the consolidation of arbitration proceedings conducted under different institutional rules of arbitration.
Though the US court refused to directly enforce the arbitral award for Taiwan is not one of the New York Convention signatories, the court eventually accepted our arguments and recognised the Taiwan court ruling which enforced the arbitral award, ordering this US company to pay our client accordingly.
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?
If the Claimant fails within the time specified under these Rules or as may be fixed by the Registrar, to submit its Statement of Case, the Registrar may issue an order for the termination of the arbitral proceedings or make such other directions as may be appropriate in the circumstances.
A recent case that considered the different tests for leave to appeal an arbitral award under the Arbitration Act and the Rules of Civil Procedure has broad implications for any... Read more
Under the Rule of Reason, the district court held that the Board's ethical rules and arbitral forum for enforcing those rules constituted a valid pro-competitive reason for the membership requirement.