Sentences with phrase «for arbitrator appointment»

The absence of the risk of paying large amounts towards the winning party's legal costs incentivised the strategic use of (unmeritorious) court proceedings by recalcitrant parties in international arbitrations — such as applications for arbitrator appointment and set aside.

Not exact matches

The franchisee brought another application in Ontario court in 2011 for the appointment of an arbitrator, but the parties subsequently agreed on the appointment of Steven Goldman, a well - known franchise lawyer.

If arbitrators fail to meet these expectations, they will receive less and less appointments and be phased out as influential arbitrators The reappointment process can therefore work as a means for the system to accommodate and process changes in its environment, including the mounting criticism of the current functioning of investor - State arbitration.

I think that the one - off nature of arbitration and the appointment mechanism for arbitrators have a great potential for bringing change to the system.

Since its introduction seven years ago, the SCC has seen almost 30 applications for the appointment of an emergency arbitrator.

By applying for the appointment of an Emergency Arbitrator, a party who is in need of a prompt interim decision may receive a decision on interim measures within five days.

In 2014, the SCC also received applications for the appointment of an Emergency Arbitrator in two treaty disputes under the SCC Rules for the first time.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

Where parties have not previously agreed on the method for appointment of an arbitrator, The Arbitration Act of Manitoba provides that a party may make an application to court to have a judge appoint an arbitrator after a dispute arises.

If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement of an arbitration, the party may apply to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for the appointment of an Emergency Arbitrator in accordance with the SCC Rules.

The new provisions in the 2016 Rules that allow for consolidation of related arbitrations and joinder of additional parties, as well as the appointment of an emergency arbitrator, would increase efficiency and flexibility of KCAB proceedings.

Additionally, it is important to note that the emergency arbitrator procedure that allows a party seeking conservatory and interim measures to apply for an appointment of an emergency arbitrator is separate from the conservatory and interim measures that the Arbitral Tribunal may order.

Measures to increase fairness in appointing arbitrators, including the requirement for arbitrators to sign and submit statements showing their acceptance, impartiality and independence, and the changes in the parties» choice of arbitrators from appointment to nomination.

The SCC received three applications for appointment of an emergency arbitrator in 2017, compared to 13 in 2016.

Stena — v - Westport: Chris was instructed by the Claimants in relation to this claim arising out of a joint venture agreement in which Chris» clients had to make an opposed application to the Commercial Court for the appointment of an arbitrator in circumstances where the Respondents had wrongly commenced proceedings in the US.

The question facing officials now is if they wish to focus on minor reforms to arbitral appointment procedures (perhaps limiting the number of times a law firm can appoint the same arbitrator), on major reforms to arbitral appointment procedures (perhaps getting rid of party appointment), or on designing a procedure for fixed - term appointments.

The statistics for 2016 shows that, when the SCC made the appointment, 22.5 % of women arbitrators were appointed.

The matter then came back before Moore - Bick J. on the Claimant's application for the appointment of an arbitrator.

Subject to paragraph 2 of this article, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced.

For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall designate an arbitrator.

A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

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.

Where institutional rules contain a mechanism for the appointment of an emergency arbitrator, the parties remain at liberty to opt out of that mechanism if it prefers a court's decision to support the arbitration.

In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.

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).

The LMAA took the view that some procedures such as a mechanism for appointment of an emergency arbitrator were not appropriate for the LMAA.

In turn, for the appointment of an emergency arbitrator under article 9B, the appropriate question was whether or not relief was required «more urgently than the time that it would take for the expedited formation of an arbitral tribunal».

(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).

In 2014 CAS changed its system of appointment to the CAS panel of arbitrators, by removing a requirement for nomination by a sport governing body.

The Munich Appeal Court had decided that the CAS system for appointment of arbitrators to a case such as Ms Pechstein's case had lacked the necessary degree of independence as it favoured sports governing bodies against individual athletes.

Gerald Metals SA applied to the LCIA for the appointment of an emergency arbitrator to provide interim relief to prevent Safeguard (the guarantor) from disposing of trust assets.

The Board's mandate includes the appointment of arbitrators, decisions on challenges to arbitrators, jurisdictional determinations, and procedural decisions regarding, for instance, the number of arbitrators and applicable rules.

For example, according to the ICC, no additional party may be joined to a dispute after the confirmation of appointment of any arbitrator, unless all parties agree otherwise.

Moderator, «Arbitrator Appointment and Disqualification,» 7th Biennial Symposium on International Arbitration and Dispute Resolution, Center for International Legal Studies, May 2012

The arbitrator will conduct as soon as practicable, and absent extraordinary circumstances, within 20 days of appointment, an initial CMC either telephonically, or in person, for the planning and scheduling of the arbitral proceedings.

Depending on the number of arbitrators agreed by the parties, the 1996 Act has default provisions for the appointment of:

The arbitrators must consent to their appointment for such appointment to be valid.

the default provisions of the 1996 Act for the appointment of arbitrators provide for the appointment of a sole arbitrator as opposed to three arbitrators;

On his return to Chambers, Sir Wyn will be accepting appointments as arbitrator and mediator for both domestic and international disputes.

The franchisees then applied to the court for appointment of an arbitrator.

Sir Wyn Williams accepts appointments as an arbitrator and mediator for both domestic and international disputes.

Market commentary in Chambers Global 2017 states «the outstanding» Siegfried Elsing «is a leading German arbitrator who receives many international appointments» and he is lauded for his «excellent diplomatic abilities» in Chambers Europe 2016.

For cases registered from 1 January 2016, the ICC Court will now publish information on its website including the name and nationality of the sitting arbitrators, details of which arbitrator is the chairperson and details of whether the appointment was made by the ICC Court or by the parties.

So the complainant can not pursue the World Bank for the appointment of biased, etc. arbitrators if there were.

Using data of all appointments of ICSID arbitrators made between 1972 and 2014 and applying a social network analysis methodology, Sergio sets out to understand the role of social capital in investment arbitration by relying upon proxy measures for social connectivity.

These include: appointment of arbitrators, including the possible introduction of a code of conduct; challenges to arbitrators; third party funding; consolidation; preliminary objections and first session; witnesses; experts and other evidence; discontinuance of a case; awards and dissenting opinions; security for costs and security for stay of enforcement of awards ordered by the ad hoc committee; allocation of costs; annulment; publication of decisions and orders (compared to the current provisions referring to awards); as well as the modernization of the means of communication (apparently with a view to making the procedure «less paper - intensive and more environmentally friendly»).