Dec. 6, 2017) The case arises
from an arbitration award won by Leidos, Inc. against the Hellenic Republic resulting from security work in the 2004...
An appeal
from an arbitration award in relation to whether a ««time lost waiting for orders claim»» was a ««demurrage claim»» for the purposes of engaging the documentary time bar clause in a voyage charter... read more
While Randall found the victim, S.S., «was not thin - skinned» and had «survived six years in a rough and tumble, entirely male environment,» it's clear
from the arbitration award in Unimin Canada Ltd. v. United Steelworkers Local 5383 she endured what appears to be tortuous comments about her weight and appearance.
The company said that it intends use the net proceeds
from the arbitration award, after federal and state taxes of approximately 37 percent and certain other expenses, to repurchase Mondelez International Class A Common Stock, subject to final approval by the Board of Directors and actual receipt of the proceeds.
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.
Not exact matches
They would also have to give the bureau information on any claims filed and
awards issued in their
arbitrations, as well as correspondence
from their arbitrators regarding unpaid fees and failure to follow standards of conduct.
Also, in Q2 / 18 the company may receive a favorable ruling
from an
arbitration tribunal that could
award substantial damages, which could be a major near - term catalyst for the stock, significantly adding to the company's balance sheet and initiating a re-rate in the marketplace.
A Finra
arbitration panel has
awarded former UBS broker Wilson Dennis Colberg - Trigo $ 1.236 million in compensatory damages in a dispute involving his termination
from the firm, but also ordered the broker to pay the firm $ 854,157 to settle the...
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.
Cuomo originally sought to impose a 2 percent cap on the value of
arbitration awards in a bill submitted in January with his Executive Budget, but backed away
from that proposal when the Legislature resisted making any change to
arbitration as part of the budget process.
On the other extreme, in a December 2010
award to the union representing St. Lawrence County sheriff's deputies, an
arbitration panel chairman faulted the county's leaders for seeking a wage and benefit freeze
from deputies without seeking «even a small sacrifice
from County taxpayers or other groups.»
This provision shall not prevent either party
from filing a petition in court to confirm an
arbitration award.
So, these debt - elimination scammers charge you thousands of dollars to present you with an
arbitration award from a licensed
arbitration firm that says you don't owe any money on your account.
The
award from arbitration shall be binding and may be entered as a judgment in any court of competent jurisdiction.
If any
arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's
award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such
arbitration or proceeding
from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to
award punitive damages.
Things have gone
from bad to worse in Venezuela, as ConocoPhillips moves to seize some of the Caribbean assets of Venezuela's state - run PDVSA to enforce a $ 2 billion
arbitration award.
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 a
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 a
awards issued where the seat of
arbitration is Hong Kong benefit
from this internationally renowned system of mutual recognition and enforcement of arbitral
awardsawards.
Article V (1)(c) finds its roots in article 2 (c) of the 1927 Geneva Convention.792 The language at the outset of article V (1)(c), providing a ground for refusal of recognition or enforcement of
awards exceeding the scope of the
arbitration agreement, is largely unchanged
from its counterpart in the 1927 Geneva Convention.
In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the
award which contains decisions on matters submitted to
arbitration may be recognized and enforced», provided that matters properly within the scope of the
arbitration agreement «can be separated
from those not so submitted.»
Courts have also applied article V (1)(c) in the context of multiparty
arbitrations to exclude
from enforcement portions of an
award which address a party not bound by the
arbitration agreement, but enforce the
award with respect to the remaining parties.
As one United States court observed, «[u] nder the New York Convention, we examine whether the
award exceeds the scope of the [
arbitration agreement], not whether the
award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief
from the «submission to
arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an
award.
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.
Our world - renowned international
arbitration team, with more than 150 lawyers across the globe, is one of the few global legal practices with the experience and resources to assist clients
from the onset of a dispute, through to enforcement of an
award.
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».
The defendant gave the examples of appeals to the Employment Appeal Tribunal
from Employment Tribunals, appeals to the Court of Appeal
from the High Court and challenges to
arbitration awards under s 69 of the
Arbitration Act 1996.
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.
Not only did the Court find no legislative history to support an argument that the D.C. Council intended to expand or to deviate
from the existing and limited standard of review, but the Court, in reviewing the drafting history of the Revised Uniform
Arbitration Act, found likewise — that there was never any intent to abandon the standard of narrow and extremely limited judicial review of an
arbitration award.
After the proceedings concluded, the retired judge rendered an
arbitration award, which directed that the Association hire a contractor to make certain repairs and advance the funds for the work subject to reimbursement
from numerous other affected lot owners who were not parties to any of the prior proceedings.
However, parties can still refer any dispute to ICSID (or another
arbitration institution) if it is provided for in the applicable BIT or
arbitration agreement, and ICSID
awards are immune
from challenge by local courts.
For example, in British Columbia, a party who seeks to appeal an
award regarding a legal issue must obtain permission
from the court and the consent of the other parties, but the parties can not agree to exclude the right of appeal until the
arbitration starts.
He reached the conclusion
from combined reading of sections 2 (c), 2 (k) and section 3 of the Act that the intention of the legislature was that the scope of the Act would be limited to within the territory of Bangladesh, except for the scope to enforce of an
award passed in a foreign
arbitration, pursuant to the section 3 (2) read with section 45, 46 and 47 of the said Act.
The
award arose
from an attritional ICC
arbitration that had commenced in 2008.
It is possible to get a case exempted
from arbitration on public policy grounds — increasing the possibility of a larger settlement or
award from trial.
Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign
award shall file a petition with the Provincial Court8, which will assess whether the
award complies with the following requirements: (i) The international
award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The
award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the
award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown
from the legal papers of the
arbitration proceedings that the party against whom the
awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the
award is being enforced.
Moreover, the waiver of immunity contended for was an implied waiver, said to arise
from the
arbitration agreement itself where it was agreed that the
Award was to be «binding on the parties» and included a provision that the parties undertook «to carry out any
Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made».
He also regularly appears in the English Commercial Court in many
arbitration applications, ranging
from anti-suit injunctions to issues concerning the bias of an arbitrator (see, e.g., AT&T v Saudi Cable Company) to enforcement of
awards.
Successfully represented a group of national and international insurance companies in appeal proceedings that stemmed
from the issuance of a multimillion - dollar
arbitration award that arose out of an insurance loss that occurred at a coal - fired electrical generating facility.
«I welcome enquiries concerning large, complex litigation and
arbitration, entirely within Ontario or having a cross-border dimension, and referrals
from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and
arbitration awards in Ontario.»
This database provides the most extensive collection of judicial opinions and arbitral
awards from around the world in the field of international commercial
arbitration.
Privacy
from public scrutiny that attaches to a court judgment and the ability to tailor the process to meet the needs of both parties and their children is an obvious benefit of BC Family law
arbitration awards.
Those issues are dealt with separately
from the actual divorce either by way of a separation agreement, an
arbitration award or a court order.
At our request, the
arbitration was conducted on a fast - track basis, proceeding
from Terms of Reference to a successful
award in less than three months.
Because costs are not available unless there is a statute allowing it, a cost -
awarding power is intentionally omitted
from the jurisdiction of the presiding judge or officer of informal or simplified proceedings such as
arbitration, small claims and some family courts.
Judgment on any
award resulting
from such
arbitration may be entered by any court having jurisdiction over the dispute.
Taiwanese courts increasingly recognise foreign judgments, rulings and
arbitration awards from different foreign countries.
Kettani notes that aside
from introducing these major reforms, the Moroccan government also schedules regular training and seminars for judges to encourage them to support
arbitration proceedings and to enforce
awards accordingly.
When the UK withdraws
from the EU there will be no impact on the enforcement of English
arbitration awards.
The conduct of the Arbitral Tribunal and its
awards seriously contravene the general practice of international
arbitration, completely deviate
from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China's legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful.