Sentences with phrase «from enforcing an award»

The Court of Appeals was moved by IIC's repeated failure to protect its rights by not posting a bond — but the New York Convention does not require the posting of a bond or automatically stay a secondary jurisdiction from enforcing an award upon such a posting.

Not exact matches

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain, where the Tata group's interests include Tata Motors and Tata Steel.

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain.

Dr. Natividad N. Relucio Clavano is hereby awarded the Order of the Golden Heart in the field of Pediatrics, where she pioneered in Young Child Feeding with her work in the «Under - Five Clinic National Program,» and in Infant Feeding with her work on the «Baby - Friendly Hospital Initiative» (subsequently replicated in 192 countries) which made her famous all over the world, where she banned infant formula milk from the Maternity Ward of Baguio General Hospital and enforced a regime of «rooming - in» of the infant.

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.

In the few cases where courts have refused to enforce awards pursuant to article V (1)(d), the manner in which the tribunal was constituted materially deviated from the parties» agreement.

For instance, the Hong Kong Supreme Court enforced an award rendered in China, even though its members were selected from a different list of arbitrators than provided in the parties» agreement.880

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.

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.

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.

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.

The Claimants made a number of points in relation to service: first, they said that the Riyadh Convention was permissive in providing for service or notification by the means set out, not mandatory; secondly, they said that if it was mandatory it did not set out the documents which had to be served or notified in the prescribed manner, which was a matter for the DIFC Court; thirdly, and as an overriding point, if the KRG was not immune from suit, there had to be some way to enforce the Awards and the KRG could not be allowed to stymie service or notification under the Riyadh Convention by effectively claiming sovereign immunity unjustifiably.

In finding that the family court erred in modifying the equitable distribution award, rather than enforcing it against Son and the LCC, the Court of Appeals distinguished this case from Richardson v. Richardson, 309 S.C. 31, 419 S.E. 2d 806 (Ct..

The Ontario Court of Appeal recently released its endorsement in Alfred Wegener Institute v. ALCI Aviation Ltd., 2014 ONCA 398, upholding an order from the application judge that a German arbitral award be recognized and enforced in Ontario as if it were a judgment or order of the Ontario Superior Court of Justice.

Arbitration awards can be enforced in Small Claims Court, says a recent ruling from the Divisional Court.

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.

Here, the court found that while the plaintiff probably wasn't a «non-producing troll» (someone who enforces copyrights just to extort money from people who are too embarrassed to fight a Federal porn suit), the court still found that a damage award that was three times the statutory floor was excessive.

(In Jones v Jones (1889) LR 22 QBD, an English court refused to award multiple damages, and the Protection of Trading Interests Act 1980 prevents an English court from enforcing a judgment for multiple damages.

We successfully obtained leave from the High Court to enforce two Ukrainian arbitration awards.

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

Dispute as to whether previous award of damages for breach of a «keep open» clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded from.

● Were national courts precluded from deciding an issue due to an ASI, there would be a risk that those courts might later refuse to recognise and enforce any future arbitral award.

For example, the New York Convention allows member states to declare that they will enforce foreign arbitral awards only from countries that will enforce those made in the declaring state: in short, a reciprocity clause.

(D) The establishment of a Code of Ethics and Standards of Professional Practice for the Institute, Society or Council which are not inconsistent with the Code of Ethics of the National Association as from time to time amended; provided, however, that in order for its members to be eligible for Institute Affiliate Membership pursuant to Article III, such Institute, Society or Council must adopt and enforce the National Association's Code of Ethics or a code of ethics approved by the National Association that addresses the specialty area of that Institute, Society or Council, which code of ethics must apply to all persons who have been awarded a professional designation and those who hold classes of membership that confer the right to vote or hold office;