In his view, the second letter gave Levicom no advice about how damages were to be measured if they wished to claim them, either because an order for the disposal of the shares (which Linklaters were advising should be sought
from the arbitral tribunal) might not be made, or for any other reason.
These include criminal appeals, commercial cases, appeals
from arbitral disputes, and intellectual property litigation.
The ADR Chambers Private Appeal service is also available for appeals
from an arbitral award where the parties have agreed in advance of the initial arbitral proceeding that there is a right of appeal from the Arbital Award to an ADR Chambers Private Appeal panel.
The Singapore High Court therefore held that on the facts of the case, having chosen to absent
itself from the arbitral proceedings, the plaintiff could not say that it was unable to present its case or that there was a breach of natural justice.
This is despite the fact of the plaintiff's «near - total disengagement
from the arbitral proceedings ``.
Any deposit of security for costs ordered by the tribunal pursuant to article 26 shall be directed to the Secretariat and disbursed by it upon order
from the arbitral tribunal.
Researchers at Harvard University and the University of Arizona are conducting a study into how international arbitrators make decisions and are therefore seeking input
from the arbitral community.
Meanwhile, SCC Secretary General Annette Magnusson will be sharing SCC experiences on bridging the gender gap
from arbitral institution's perspectives.
6 months from reference, may be extended upon a reasoned request
from arbitral tribunal or if otherwise deemed necessary by SCC Board
The case arose
from arbitral proceedings that were held in Frankfurt but concerned the 2004 liberalisation of the Slovak health insurance market.
Not exact matches
As previously disclosed, the Company received a final judgment in its favor for a total of US$ 1.9 million plus interest
from the US District Court for the District of Arizona in January, 2016 related to an
arbitral award of R$ 7.8 million, including interest and penalties,
from a Brazilian arbitration panel.
SCOTTSDALE, Ariz., April 1, 2015 — RiceBran Technologies (NASDAQ: RIBT and RIBTW)(the «Company» or «RBT»), a global leader in the production and marketing of value added products derived
from rice bran, announced today that it has received an
arbitral award of R$ 3.6 million
from a Brazilian arbitration panel related to the Company's 2008 acquisition of Irgovel.
As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
Arbitral Awards (the New York Convention) Contracting State, ensuring that
arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
arbitral awards issued where the seat of arbitration is Hong Kong benefit
from this internationally renowned system of mutual recognition and enforcement of
arbitralarbitral awards.
It is anticipated that Hong Kong will continue in this reforming mode, particularly as it tries to establish itself as the go - to
arbitral seat in the region in the face of strong competition
from Singapore.
There is a strong case for
arbitral institutions to recognise and reflect on the public policy issues that lay behind the exclusion of all funding elements
from costs awards in civil litigation.
Achmea casts serious doubts on the legality of CETA's investment chapter, which allows investors
from one Party to submit to an
arbitral tribunal a claim that the other Party has breached an obligation under CETA.
This is not to say that
arbitral tribunals have not engaged with EU law in ways that would not appear as problematic
from the perspective of autonomy.
Neither does the Court's approach recognize that
arbitral tribunals appear to respect the autonomy of EU law, as also testified by the above quotes
from intra-EU
arbitral awards.
Lawyers
from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning enforcement of judgments and
arbitral awards in our four jurisdictions.
Contrary to the Stockholm District Court, the Svea Court of Appeal found that the
arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating
from the alleged expropriation of the Spanish investor's investments in Yukos Oil Company.
Guideline 9 prohibits a representative
from making a knowingly false submission of fact to the
Arbitral Tribunal.
As recorded in the travaux prĂ©paratoires of the New York Convention, the omission of language in the 1927 Geneva Convention allowing postponement of recognition or enforcement, or granting enforcement subject to a guarantee, of any award that «has not covered all the questions submitted to the
arbitral tribunal», was a «significant change»
from the wording of the 1927 Geneva Convention.809 The omission is particularly notable given that article V (1)(c) contains very similar language to article 2 (b) of the 1927 Geneva Convention.810
In Chrome Resources S.A. v. Leopold Lazarus Ltd., the Swiss Federal Tribunal rejected a challenge that the
arbitral tribunal had consulted an expert in the absence of the parties, finding that the party's attempt to raise this objection at the enforcement stage was in bad faith and constituted an abuse of rights.920 Courts in England, 921 Germany, 922 Greece, 923 and the United States924 have similarly barred a party
from asserting any defect of the
arbitral procedure at a later stage if it had the opportunity to raise a reservation in a timely manner during the
arbitral proceedings.
The question has arisen whether a party may be estopped
from raising the defence to enforcement under article V (1)(d), where it has failed to do so before the
arbitral tribunal.
In Madrid, we met students
from all over the world and were able to fell what it is to be part of an international
arbitral proceeding.
The place of arbitration may result
from the choice made by the parties, or by an
arbitral institution or the
arbitral tribunal.
We advise on all aspects of arbitration,
from drafting suitable clauses to advising on the type and seat of arbitration, the formation of a tribunal,
arbitral procedure and enforcement of the award.
His most recent experience includes: acting for a US chemicals company in a US$ 100m contractual dispute with a Japanese supplier of business critical manufacturing equipment; advising a global audio / visual supplier in cross-border court and
arbitral proceedings in USA, Hong Kong, Singapore, the PRC and Malaysia arising
from breakdown of its supply chain; and acting for the Liquidators of a global electronics business in claims exceeding US$ 300m.
ECOSOC requests the Secretary - General to ascertain
from the governments whether they consider it desirable to convene a conference to conclude a Convention on the recognition and enforcement of foreign
arbitral awards, and whether they are prepared to participate in such a conference
The courts have delivered several decisions over the last few years that establish that they have a better understanding of the limited and supportive role they are expected to play in
arbitral proceedings, taking a stand back
from the largely interventionist role they once played.
2014 has started with a bang
from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments
from Sir James Munby that «an
arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the
arbitral process as fundamentally to vitiate the
arbitral award».
Some will have sought anti-suit injunctions to uphold a choice of arbitration or assistance for the
arbitral process by some other means
from the court.
In the context of party choice — one of the twin pillars of the Arbitration Act 1996 (AA 1996), the other being finality of process — there remains a tension between «ring fencing» the
arbitral process and the extent to which fundamental principles of justice can or should be excluded
from that process by the parties choosing to opt out
from them.
Advising the EPC Contractor on disputes arising
from a # 150m waste - to - energy facility, including
arbitral proceedings.
This case follows on
from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State
arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.
«The book has proved to be a useful tool for foreign professionals acting in Swedish international
arbitral proceedings; this, combined with the importance of Sweden as preferred venue for dispute resolution involving parties
from CIS countries, led the SAA and SCC to work on a Russian translation of the book», said SCC Legal Counsel Natalia Petrik.
Our litigation experience also assures continuity
from initiation of the arbitration to enforcement of the
arbitral award.
International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in
arbitral tribunal history, a whopping $ 50 billion
from Russia on behalf of former controlling shareholders of bankrupt oil giant Yukos.
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.
The 1958 Convention on the Recognition and Enforcement of Foreign
Arbitral Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from
Arbitral Awards, which governs the enforcement of
arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from
arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure
from the EU.
60 days counted
from first business day following date fixed for presentation of final briefs, and may be extended by another 60 days at discretion of
arbitral tribunal.
Except where there is a statutory right or duty to arbitrate, the jurisdiction of the
arbitral tribunal derives entirely
from the contractual agreement of the parties.
60 days
from closure of the hearing or lastsubmission provided that parties, at request of
arbitral tribunal, can extend this period in writing and signed by the parties
Furthermore, an emergency decision ceases to be binding if an arbitration procedure is not commenced within 30 days, alternatively the case has not been referred to an arbitrator or
arbitral tribunal within 90 days,
from the date of the emergency decision.
On 17 May 2018, the Secretary Generals
from four
arbitral institutions — CAM, DIS, VIAC, and the SCC — hosted a seminar in Milan on the theme «Not in the Rules».
Another approach to avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to enforce a foreign
arbitral award, but not, presumably, with a defamation action arising
from statements made in an earlier proceeding.
The whole system is undermined if disputes could be removed
from the EU judicial system by taking them to
arbitral tribunals, which do not form part of the EU judicial system and consequently can not ask preliminary questions to the CJEU (paras 50 - 52).
Members of the arbitration group regularly sit as arbitrators and this valuable insight into the
arbitral process
from a different perspective helps us to identify winning strategies.
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.
The monetisation of large judgments and
arbitral awards is becoming increasingly specialised and distinct
from general disputes practices.