Sentences with phrase «judgment on the arbitration»

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

The Court of Appeals remanded the case so the trial court could enter a judgment on the arbitration award and allowed plaintiffs» counsel to seek prejudgment interest at that time, but it noted the six year delay could pose a challenge to the interest award.

Not exact matches

In a quick judgment that is one of the hallmarks of the law's new arbitration system, arbitrator David Gregory on Dec. 8 found on behalf of Williams, agreeing that the evaluations by his principal were contradictory and «egregiously irreconcilable.»

Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

Depending on one's underlying view on the EU and investment arbitration, the judgment's implications for the autonomy of EU law could be read in two ways.

Commentators have also argued that the judgment has no bearing on arbitrations carried out under the ICSID Convention, and while this is true in a formal sense, it seems equally clear that ICSID tribunals may interpret and apply EU law, with the Court's conclusion extending, by analogy, to them as well.

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

It has been endorsed with a foreword by the eminent former Court of Appeal Judge, Sir Bernard Rix, whose judgment in FLS v Laker [1999] EWHC B3 (Comm) is still the leading English decision on «same chambers» conflict of interest in international arbitration.

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

«Morgan Stanley's retail brokerage unit was destroyed in the 9/11 attacks on the World Trade Center, and the company subsequently used this to argue that it couldn't produce certain e-mail evidence in several arbitration cases, regulatory settlements and legal judgments, according to this story.

Elly's work at Boies Schiller focused on major high - stakes disputes, including representing Apple in its global antitrust litigation against Qualcomm; Midtown Acquisitions LP, a Davidson Kempner affiliate, in its multi-jurisdictional judgment enforcement against Essar Global Fund Limited; A1 noteholders in their successful High Court litigation and settlement against the Canary Wharf Group; a major hedge fund in relation to complex High Court proceedings against Terra Firma Capital Partners» Four Seasons Healthcare Groups; and several significant commercial and investor - state arbitrations.

The analysis was based on cases that reached judgment (so excluding arbitration and settlements), recorded in The Lawyer's Litigation Tracker.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

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.

In 2009, the ECJ delivered its infamous judgment in West Tankers (C - 185 / 07), holding that Brussels I precluded the courts of a member state making an order restraining a person from commencing or continuing proceedings in another member state on the grounds that such proceedings would be in breach of an arbitration agreement.

Nevertheless, there is an argument that the English & Welsh court would not be bound to recognise such a judgment due to its previous declaration on the validity of the arbitration agreement.

The firm's international arbitration and litigation practice obtained a significant judgment from the African Court on Human and Peoples» Rights — the highest court in the African Union — in the first freedom of expression case in the Court's history.

Tom has appeared in many of the leading cases in the DIFC Courts, including Pearl Petroleum v The Kurdistan Regional Government of Iraq [2017] DIFC ARB 003 (US$ 2.1 bn arbitration enforcement), Barclays Bank v EGFL [2016] DIFC CFI 036 (US$ 170m enforcement of New York judgment), Protiviti v Al - Mojil [2016] DIFC CA 003 (leading case on forum non conveniens) and DNB Bank v Gulf Eyadah (landmark case on «conduit» enforcement of foreign judgments).

On Friday, 3 June 2016, the firm's international arbitration and litigation practice obtained another significant judgment from the African Court of Human and People's Rights in Konaté v. Burkina Faso — the first freedom of expression case in the Court's history.

The European Court of Justice (ECJ) issued a judgment on important jurisdictional matters for cartel follow on cases; while it is being criticised for what it says (or does not say) about the applicability of arbitration clauses, its real practical meaning may lie in the claimant - friendly and clear decision that cartel victims can sue cartelists in the court of the cartel victim's domicile.

On Friday, December 5, 2014, the firm's international arbitration and litigation practice obtained a significant judgment from the African Court on Human and Peoples» Rights — the highest court in the African Union — in the first freedom of expression case in the Court's historOn Friday, December 5, 2014, the firm's international arbitration and litigation practice obtained a significant judgment from the African Court on Human and Peoples» Rights — the highest court in the African Union — in the first freedom of expression case in the Court's historon Human and Peoples» Rights — the highest court in the African Union — in the first freedom of expression case in the Court's history.

The Court of Appeal found the arbitrator had erred in two of the four alternate grounds for judgment and declined to comment on the applicability of the open court principle to labour arbitrations, but ultimately reached the same conclusion and dismissed the appeal.

[2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep 193; [2010] 2 All E.R. (Comm) 1243; [2010] I l Pr 10; [2009] 2 CLC 1003]; The Times 8th Feb 2010; — leading case on recognition under the Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue Judgments Regulation of foreign judgments obtained in breach of London arbitration agreements, and issue judgments obtained in breach of London arbitration agreements, and issue estoppel.

This is pulling a fast one on the public and a perversion of the justice system since the fake arbitration award would inevitably be followed by an uncontested entry of judgment based on the arbitral award.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

Application for enforcement of the arbitral award should be submitted to a competent judge along with a copy of the arbitration agreement, original award and certified translation of the award if the award is rendered in English, unless the parties agree on alternative means of enforcement of the judgment.

Leading Cases provides authoritative commentary on some 1,700 arbitration awards, court judgments and tribunal decisions, as well as hundreds of convenient case summaries.

Please see our webpage on the recognition and enforcement of judgments and arbitration awards.

Trial on enforceability of arbitration provision in consumer contract resulted in judgment for defendant.

The last thing you want is to spend a long time and a fortune in costs on litigation or arbitration only to find that when you get your favourable judgment or award it is unenforceable in the country where the respondent's assets are located.

Notable mandates: Successfully overturned a $ 100 - million pension obligations judgment against MTS Allstream on appeal; represented the City of Winnipeg in interest arbitration with paramedics; lead negotiator for the University of Brandon in talks with its faculty association; acted for the Puratone Corp. in its CCAA proceedings and purchase by Maple Leaf Foods; negotiated first labour agreement for the Canadian Human Rights Museum; Manitoba counsel on a number of P3 deals, including the Pan / Parapan American Games Athletes» Village Project.

Mr Pratap learned senior counsel placed reliance on the Judgment of Supreme Court in case of Bhatia International (supra) and in particular paragraphs 26 and 32 and submits that even according to the said judgment, in case of international commercial arbitration held out of India, provisions of Part - I would apply unless the parties by agreement expressly or impliedly excludes any or all of its provisions.

Learned counsel submits that the judgment of division bench of hits court squarely applies to the facts of this case where the learned arbitrator was well known senior advocate (Queen's counsel) and was briefed by the firm of solicitors to advise on an unrelated issue and / or appearing in that matter not concerning any of the parties in the reference and that also more than a year ago whereas division bench of this court in the case of ONGC (supra) had considered the situation when it was during the currency of the arbitration.