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 ``.
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
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.
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.
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.
Advising the EPC Contractor on disputes arising
from a # 150m waste - to - energy facility, including
arbitral proceedings.
«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.
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.
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.
Although the tribunal and administrative body, if any, are generally subject to an obligation of confidentiality and the
arbitral proceedings are in most cases held in private, many national laws and
arbitral rules do not provide any assurance of confidentiality
from the parties or third - party witnesses.
During the course of the
arbitral proceedings the Secretariat may request supplementary deposits
from the parties.
In the spirit of this overall duty, the FAI Rules impose a number of obligations on the
arbitral tribunal and the parties that are designed to reduce time and costs of the
proceedings, including an obligation on the
arbitral tribunal to render the final
arbitral award within nine months
from the receipt of the final award.
He has a wide range of experience in all key aspects of international arbitration and litigation, including enforcement of foreign
arbitral awards and state court judgments in Russia and abroad as well as obtaining interim measures
from Russian courts in support of foreign
proceedings.
A party to whom documents (or other information) were disclosed in
arbitral proceedings is precluded by the implied duty of confidentiality
from referring to or relying on that information in subsequent
proceedings.
In practice,
arbitral tribunals in England and Wales may take guidance
from the Rome Convention and Rome I, which stipulate when mandatory laws may prevail over an express choice of law in English court
proceedings.
TPSA in Dutch enforcement
proceedings of an
arbitral award against the Danish Polish Telecommunications Group (DPTG) arising
from the installation of an optical fibre network cable in Poland
If so: (i) do those same rules also govern the conduct of counsel
from your jurisdiction in
arbitral proceedings sited elsewhere; and (ii) do those same rules also govern the conduct of counsel
from countries other than your jurisdiction in
arbitral proceedings sited in your jurisdiction?
There are no separate rules that govern the conduct of counsel
from England and Wales in
arbitral proceedings sited in England and Wales.
6.3 Are there any particular rules that govern the conduct of counsel
from your jurisdiction in
arbitral proceedings sited in your jurisdiction?
There are no separate rules that govern the conduct of counsel
from states and jurisdictions other than England and Wales in
arbitral proceedings sited within England and Wales.
The numerous benefits of arbitration range
from the flexible nature of
arbitral procedure, over which the parties have quasi-absolute control, to the ease of enforceability of arbitration awards and the fact that IP - related issues can be resolved in a single set of
proceedings rather than having to be litigated in every jurisdiction in which the IP right is allegedly infringed.