Sentences with phrase «in arbitral decisions»

She has also been actively involved in researching cognitive bias in arbitral decision - making based on Soia Mentschikoff's 1950s - 1960s experiment.

Not exact matches

Earlier statistics regarding ICC cost decisions seem to suggest that arbitral tribunals in most cases start with the rule «costs follow the event» but in the end decide that each party has to bear its own costs.

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

Against this background, the ICC Commission's Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion.

In a highly anticipated decision (Gazprom C - 536 / 13) the European Court of Justice (the «ECJ») has clarified that anti-suit injunctions issued by arbitral tribunals are...

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.

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 decisions confirm that, while ECtHR principles can be deployed in the arbitral context, only exceptionally will they operate to give rise to grounds for legal challenge.

The author concludes by identifying some important points that French courts should tackle in the future, that is, the admissibility of challenges against decisions rendered by arbitral institutions, and their role in the proceedings concerning challenges against arbitral awards.

Over the past few years, there have been a number of notable developments in arbitration in the Middle East: institutional rules, legislative changes and significant decisions of the courts, including in relation to enforcement of arbitral awards.

For example, though not explicitly stated in this decision, the high thresholds that must be met in order to refuse the recognition of an arbitral award in Ontario may represent the Court reinforcing their commitment to international comity in light of globalization trends.

The scope was further refined such that «[s] ettlement agreements reached during judicial or arbitral proceedings but not recorded in a judicial decision or an arbitral award should fall within the scope of the instrument.»

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result»In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result»in a single award», which would have been an «unsatisfactory result».

Arbitral tribunal decisions are widely enforceable internationally (including in China and the United States) under a number of conventions, including the New York Convention, of which the UK is a direct contracting party.

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 tribunal had not exceeded its mandate and did not breach the principle of equal treatment of the parties.

The Supreme Court allowed the appeal by a majority of three to two, reversing the High Court and Court of Appeal decisions which had set aside arbitral orders in the appellant's favour.

[8] In this case it was reported that the Supreme Qatari Court upheld a decision to set aside an arbitral award on grounds other than those listed in the NYIn this case it was reported that the Supreme Qatari Court upheld a decision to set aside an arbitral award on grounds other than those listed in the NYin the NYC.

Hence, it is not necessary to create an additional homologation process to validate their judicial and arbitral decisions in any country.

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.

Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.

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 tribunal had not exceeded its mandate.

The SCC decision in the Yugraneft case could be interesting as a policy signal in this regard and will hopefully serve as motivation for legislative action clarifying the procedural status of all international arbitral awards.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

However, the fact remains that this «equal treatment» is a result of judicial interpretation of the procedural status of international arbitral awards, not of a clear legislative decision in this sense.

During the arbitration procedure and until the arbitral decision, neither entity shall act in a manner that may affect the rights of the other Party under these HoA / Service Agreement.

The published materials include three decisions from 2016 - 2017, in which Russian courts recognized SCC arbitral awards as enforceable on the territory of the Russian Federation.

In a decision recently published on the Swedish Arbitration Portal, the Supreme Court affirmed a decision of the Svea Court of Appeal, which had rejected an appellant's application to declare an arbitral award invalid on the basis that it violated public policy.

The more than 1,400 court decisions reported in the Yearbook: Commercial Arbitration show that enforcement of an arbitral award is granted in almost 90 per cent of the cases.

In this context, «urgency» has been assessed by reference to whether the arbitral tribunal has the power and practical ability to grant the appropriate relief in the appropriate timeframe (see, for example, the London Maritime Arbitration Association decision in Starlight Shipping Co v Tai Ping Insurance Co LtdIn this context, «urgency» has been assessed by reference to whether the arbitral tribunal has the power and practical ability to grant the appropriate relief in the appropriate timeframe (see, for example, the London Maritime Arbitration Association decision in Starlight Shipping Co v Tai Ping Insurance Co Ltdin the appropriate timeframe (see, for example, the London Maritime Arbitration Association decision in Starlight Shipping Co v Tai Ping Insurance Co Ltdin Starlight Shipping Co v Tai Ping Insurance Co Ltd).

The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.

The Supreme Court's decision is the latest in a series of important appellate judgments arising out of the long - running dispute concerning the enforcement of a Nigerian arbitral award between NNPC, the Nigerian state - owned oil company, and IPCO.

Reciprocal enforcement of judgments in Abu Dhabi and ADGM free zone: a new Memorandum of Understanding («MoU») sets out the framework for the reciprocal enforcement of judgments, decisions and orders and the arbitral awards ratified or recognised by the onshore civil law courts in Abu Dhabi and the common law courts in Abu Dhabi's financial free zone, ADGM.

In a recently published decision, the Supreme Court set aside an arbitral award on the grounds that the arbitral tribunal had wrongly accepted jurisdiction.

This applies only to circumstances where the parties reside in different provinces or if the proposed decision to refuse enforcement or set aside a domestic arbitral award is made on the ground of «violating the public interests».

But, in any case, arbitral tribunals deciding India - related disputes may well take comfort that the Indian arbitration regime supports robust cost decisions.

Historically, the London Court of International Arbitration (LCIA) was the only major institution to provide reasoned decisions on arbitrator challenges, but in recent years other arbitral institutions have followed suit.

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.

Unless the parties agree otherwise, the parties, the arbitrator and JW will treat the arbitral proceedings, any related disclosures and / or discovery, and the decisions of the arbitrator, as confidential, except in connection with judicial proceedings ancillary to the arbitration, such as a judicial challenge to, or enforcement of, an award, or unless otherwise required by law or to protect a legal right of a party.

The degrees and courses available at Robert Gordon University Law School are: BA (Hons) Law and Management, LLB (Hons) Law, Online LLB (Hons) Law, LLM International Commercial Law, Diploma in Professional Legal Practice, LLM Law, LLM Oil and Gas Law, LLM / MSc Construction Law and Arbitration, LLM Employment Law and Practice (Online), MRes, MPhil, PhD, Professional Development courses in Arbitral Award Writing and Adjudication Decision Writing.

The recent decision in District Council of Rivière du Rempart v Alphamix Ltd and others [2017 SCJ 233] is the latest example of judicial support of the arbitral process.

The tribunal is obliged to comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence, and in the exercise of all other powers conferred upon it.

In the longer term, some argue that «Brexit» may ultimately damage London's position as a world - leading economic centre, which could in turn affect parties» decisions regarding the legal regime that they choose to govern their contracts and the situs for any arbitral dispute arising from those contractIn the longer term, some argue that «Brexit» may ultimately damage London's position as a world - leading economic centre, which could in turn affect parties» decisions regarding the legal regime that they choose to govern their contracts and the situs for any arbitral dispute arising from those contractin turn affect parties» decisions regarding the legal regime that they choose to govern their contracts and the situs for any arbitral dispute arising from those contracts.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

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-.

(6) Within ten days of being notified of the arbitral tribunal's decision, a party may make an application to the court to decide the issue and, in the case of the challenging party, to remove the arbitrator.

On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...

In Taylor v. Exalta Transport Services Ltd. [xii], Adjudicator Williams - Whitt adopted the modern approach from a previous arbitral decision under the Canada Labour Code.

In The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, 2018 ONCA 101, the Court held that the standard of review applicable of SAB arbitral decisions is reasonableness.

The Court stated that in Ledcor, unlike in Intact, there was no expert arbitral decision - maker involved.

Read about recognition in Colombia of an arbitral award rendered abroad, which remains controversial, and the most significant Colombia Supreme Court decisions on the issue.