Sentences with phrase «from arbitral tribunal»

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.

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.

6 months from reference, may be extended upon a reasoned request from arbitral tribunal or if otherwise deemed necessary by SCC Board

Not exact matches

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.

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.

As recorded in the travaux préparatoires 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.

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.

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.

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.

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.

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).

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.

In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the party was precluded from challenging award on several ground, and had failed to establish that the tribunal had been partial.

An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.

Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.

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.

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.

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

Chair of a three - member arbitral tribunal hearing a dispute governed by the ICDR Procedures arising from a contract in the biomedical industry between parties in Sweden and the United States.

Chair of a three - member arbitral tribunal hearing a dispute governed by the AAA Commercial Arbitration Rules arising from a contract between parties in the United Arab Emirates and New York.

(h) the award was the result of fraud or corruption by a member of the arbitral tribunal or obtained by fraud of a party or its representatives in the conduct of the arbitration [distinguished from fraud with respect to the original dispute being arbitrated].

TBL accordingly sought an injunction to prevent East African from taking any steps to implement the transaction with Serengeti pending an arbitral tribunal ruling on the validity of East African's purported termination.

That Uniform Act provides for a right of appeal if leave is granted by the provincial superior court from a decision of an arbitral tribunal.

No simple answer can be given about whether it is better to obtain interim relief from the court or the arbitral tribunal, but an informed decision should be made about that issue.

Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.