Sentences with phrase «of arbitral tribunals»

I've read You have mentioned consequences related to jurisdiction of the arbitral tribunals, I suppose with regard to art. 30 VCLT.

Program, gave the example of «the intense interest that was generated when indications were given of the relative magnitude of costs incurred by the parties themselves as compared to the costs of arbitral tribunals and the administrative charges (leading to the famous 82 / 16/2 percentage breakdown).

Decisions of judicial bodies may be regarded as carrying greater (political rather than legal) authority than that of arbitral tribunals.

In two of the new cases (the Bangladesh / Myanmar and the Panama / Guinea Bissau cases), the parties have agreed to refer to ITLOS, disputes which ordinarily were within the jurisdiction of arbitral tribunals under the dispute settlement system of the United Nations Convention on the Law of the Sea.

Probably taking into consideration of the aforesaid instance, Mr. Justice Mamnoon Rahman [7] has addressed to the fact that it is the generally accepted principal in each developed legal system that the state court order interim and conservatory measures in support of arbitration despite the powers of the arbitral tribunals to do so.

Chairman or member of Arbitral Tribunals in more than 150 commercial or investment arbitrations carried out under the rules of the ICC, ICSID, UNCITRAL, SCC, LCIA, AAA, Vienna Arbitral Chamber, Milan Arbitral Chamber and the Cairo Regional Centre for International Commercial Arbitration.

The Court's contention that EU law provides for a complete system of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties in the fields covered by EU law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception in the sense that BITs clearly provide more complete and effective remedies to investors than EU law or domestic law — and this understanding has been at the heart of the reasoning of arbitral tribunals in cases where they have rejected the argument that intra-EU BITs are incompatible with EU law.

It enables the courts of a Contracting State to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, in the absence of an agreement, with the law of the country where the arbitration took place.

Article V (1)(d) places no express limitation on the autonomy of the parties to agree on the composition of the arbitral tribunal or the arbitral procedure.

Under this provision, as well as the equivalent provision of the former French Code of Civil Procedure, the composition of the arbitral tribunal is measured against the will of the parties.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

The standard of proof for showing that the constitution of the arbitral tribunal was irregular is high.876 In the words of one United States court, the burden is «substantial because the public policy in favour of international arbitration is strong.»

Indeed, some commentators consider that only the subject matter jurisdiction of the arbitral tribunal is a «matter» within the meaning of article V (1)(c), as opposed to the arbitral tribunal's jurisdiction over a particular party.821

Since the disagreement of the parties concerned the interpretation of the provisions in the BIT regarding the jurisdiction of the arbitral tribunal, the Svea Court of Appeal made its own interpretation applying the Vienna Convention.

60 days counted from first business day following date fixed for presentation of final briefs, and may be extended by another 60 days at discretion of arbitral tribunal.

Except where there is a statutory right or duty to arbitrate, the jurisdiction of the arbitral tribunal derives entirely from the contractual agreement of the parties.

60 days from closure of the hearing or lastsubmission provided that parties, at request of arbitral tribunal, can extend this period in writing and signed by the parties

The parties may, by agreement, choose the seat of the arbitral tribunal, the identity or composition of the tribunal, its powers and its process.

The court further ruled that the fact that the award was unanimous and that the impartiality of the other arbitrators was not disputed was irrelevant, since each member of the arbitral tribunal is likely to influence other members.

Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.

Any such intended change in its representation shall only take effect in the arbitration subject to the approval of the arbitral tribunal, which shall have discretion to take such measures as it deems appropriate to preserve the integrity of the proceedings.

When there is more than one arbitrator, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitrators.

- there is no need to give an arbitral tribunal the power to order security for costs against a third party funder, as the powers of an arbitral tribunal under the Arbitration Ordinance to order a party to give security for costs afford adequate protection.

General provisions (Article 17) Place of arbitration (Article 18) Language (Article 19) Statement of claim (Article 20) Statement of defence (Article 21) Amendments to the claim or defence (Article 22) Pleas as to the jurisdiction of the arbitral tribunal (Article 23) Further written statements (Article 24) Periods of time (Article 25) Interim measures (Article 26) Evidence (Article 27) Hearings (Article 28) Experts appointed by the arbitral tribunal (Article 29) Default (Article 30) Closure of proceedings (Article 31) Waiver of right to object (Article 32)

Counsel for Stans Energy Corporation before the High Court of England and Wales defending a challenge brought by the Kyrgyz Republic to the jurisdiction of an arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign Investment Law.

The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondent's failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

For example: (a) subject to confirmation of appointment by the BVI IAC, parties are free to nominate an individual for appointment as arbitrator, whether or not that person is included in the BVI IAC's panel of arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).

The term «costs» includes only: (a) The fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) The reasonable travel and other expenses incurred by the arbitrators; (c) The reasonable costs of expert advice and of other assistance required by the arbitral tribunal; (d) The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable; (f) The fees and expenses of the Secretariat, including the fees and expenses of the appointing authority.

In turn, for the appointment of an emergency arbitrator under article 9B, the appropriate question was whether or not relief was required «more urgently than the time that it would take for the expedited formation of an arbitral tribunal».

The primary duty of an arbitral tribunal is to resolve the dispute between the parties in an adjudicatory manner.

The right to object to the substantive jurisdiction of the arbitral tribunal may be lost if a party takes part or continues to take part in the arbitral proceedings without objection (section 73).

3.4 Under what circumstances can a national court address the issue of the jurisdiction and competence of an arbitral tribunal?

If a party fails to comply with an order of the arbitral tribunal, the tribunal must first issue a peremptory order specifying a time for compliance.

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-.

(3) In assessing the part of the costs represented by the fees and expenses of the arbitral tribunal, the assessment officer shall apply the same principles as in the assessment of an account under subsection (1).

If the situation is not urgent, the court is only entitled to act (i) on the application of a party made with the permission of the arbitral tribunal, or (ii) with the agreement in writing of all of the other parties (section 44 (4)-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.

For the sake of completeness, it should be noted that the court can also address the substantive jurisdiction of the arbitral tribunal in proceedings for the recognition and enforcement of foreign arbitral awards.

(h) the award was the result of fraud or corruption by a member of the arbitral tribunal or obtained by fraud of a party or its representatives in the conduct of the arbitration [distinguished from fraud with respect to the original dispute being arbitrated].

That is within the jurisdiction of the arbitral tribunal.

For example, Churchill Mining of the UK has recently overcome Indonesia's challenges to the jurisdiction of an arbitral tribunal.

The scope of the authority of an arbitral tribunal to alter its award after the issuance of the award has been examined in a recent Scottish case — NKT Cables A / S v. SP Power Systems Limited, -LSB-...]

The second relates to the power of an arbitral tribunal to make an award for injunctive relief.

The International Tribunal for the Law of the Sea (ITLOS) has announced (see press release here) that its President has appointed three arbitrators to serve as members of the arbitral tribunal which will hear the dispute between Mauritius and the United Kingdom concerning the «Marine Protected Area» around the Chagos Islands.

The section on conduct and procedure of an arbitration where the seat is in Nigeria includes matters such as: the appointment and challenge of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure and evidence; default powers of the tribunal; and multiparty proceedings.

While section 9 of the Ontario ICAA says that an order of the arbitral tribunal for an interim measure of protection is subject to the provisions of the Model Law as if it were an award, a court in another jurisdiction may not consider it to be so.

The Court of Appeal held that the majority of the arbitral tribunal had made two fundamental errors in the interpretation of clause 1 of the lease.

That Uniform Act provides for a right of appeal if leave is granted by the provincial superior court from a decision of an arbitral tribunal.

In such circumstances, each move of the arbitral tribunal does not of itself mean that the seat of the arbitration changes.