The 1996 act
gives arbitration tribunals a wide discretion to decide on matters, subject to the parties» right to agree on this.
Not exact matches
Rather than scrap Nafta's
arbitration tribunals, regarded by some free - trade critics as secretive bodies that
give private corporations unbridled power to challenge foreign governments outside the court system, the letter proposed to «maintain and seek to improve procedures» for settling disputes.
EU - US negotiations on the Transatlantic Trade and Investment Partnership (TTIP), which are taking place in Brussels this week, would
give corporations litigation rights over national parliaments, meaning any policy which loses them money will be severely punished in the
arbitration tribunals.
Even without the detailed statistics, the ICC Report
gives great insights on how arbitral
tribunals award costs in international
arbitration.
In foreign to domestic transactions, we always recommend
arbitration before foreign
arbitration tribunals for the resolution of disputes
given lack of trust in Albanian courts.
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.
In brief, the approach conceives of investment treaty
arbitration as a form of public law, and calls for
tribunals to draw on comparative domestic constitutional and administrative law, as well as other regimes of international public law such as WTO law and human rights law, to
give content to the often vaguely - worded standards of typical investment treaties.
The Singapore International Commercial Court has also been set up to hear international commercial cases and many jurisdictions have introduced emergency
arbitration, so emergency relief can be
given prior to the constitution of a
tribunal.
From time to time, he is invited to
give PRC law expert opinions to foreign courts and foreign
arbitration tribunals.
Subject to these Rules, the arbitral
tribunal may conduct the
arbitration in such manner as it considers appropriate, provided that the parties are treated with equality and that at an appropriate stage of the proceedings each party is
given a reasonable opportunity of presenting its case.
The arbitral
tribunal may, at the request of any party, allow one or more third persons to be joined in the
arbitration as a party provided such person is a party to the
arbitration agreement, unless the arbitral
tribunal finds, after
giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties.
Whether the
arbitration in question is governed by the UNCITRAL
Arbitration Rules, the ICSID Convention, the
Arbitration Rules of the International Chamber of Commerce, the
Arbitration Rules of the
Arbitration Institute of the Stockholm Chamber of Commerce — you name it — the Mauritius Convention would provide for transparency of submissions to arbitral
tribunals,
arbitration hearings, and decisions by arbitral
tribunals, and
give more room for third - party participation under a uniform set of rules.
Investor - State
Arbitration examines the international treaties that
give investors a right to
arbitration of claims, the most - commonly employed
arbitration rules, and the most important elements of investor - state
arbitration procedure including
tribunal composition, jurisdiction, evidence, award, and challenge of annulment.
(1) Subject to these Rules, the
arbitration tribunal may conduct the
arbitration in the manner it considers appropriate but each party shall be treated fairly and shall be
given full opportunity to present its case.
(3) A party may change its address for delivery by
giving written notice to the other parties, the Centre, and the
arbitration tribunal.
(4) The
arbitration tribunal may appoint one or more experts to report on specific issues and may direct a party to
give an expert any relevant information or to provide access to any relevant documents, goods or property in its control or possession for inspection, subject to the following:
Unless the parties have agreed otherwise, the
tribunal may: order a claimant to provide security for costs in the
arbitration (section 38 (3)-RRB-;
give directions relating to property which is the subject matter of the proceedings or as to which any question arises in the proceedings (section 38 (4)-RRB-; direct a party or witness to be examined (section 38 (5)-RRB-; or
give directions for the preservation of evidence (section 38 (6)-RRB-.
(2) A party who intends to challenge an arbitrator shall, no later than 14 days after the appointment of that arbitrator or 14 days after the circumstances
giving rise to the challenge became known to that party, send a written statement of challenge to the
arbitration tribunal and to the Centre.
We regularly provide familiarisation sessions for witnesses who are due to
give evidence in a wide variety of legal forums including but not limited to: civil courts, international
arbitrations,
tribunals, inquiries, criminal courts, depositions, expert determinations, select committees, coroners inquests and professional misconduct conduct hearings.
The rulings of
arbitration tribunals are binding in law, provided that both parties in the dispute agree to
give the
tribunal the power to rule on their case.
In international commercial agreements,
arbitration clauses must be construed against the background of a presumed intention that a single
tribunal will determine all of the parties» disputes and the
arbitration clause must be
given a broad interpretation.
We continue to provide the specialist legal services the Bar has always offered — this includes drafting documents,
giving written and oral advice as well as providing advocacy services for clients in courts,
tribunals,
arbitrations, mediations and any other situation where you are permitted to have someone speak on your behalf.
National
arbitration statutes generally contain only limited provisions on disclosure and recognise parties» autonomy to determine procedural issues, while institutional rules usually
give tribunals a wide discretion in relation to disclosure, ranging from ordering parties to produce any documents they consider relevant (Art 22 (1)(e), LCIA Rules), to granting them a general mandate to establish facts through appropriate means (Art 25, ICC Rules).
At any
given time various foreign
arbitration tribunals routinely hear evidence and make orders regarding claims between disputing parties.