Sentences with phrase «of appointment of arbitrators»

For the purposes of article 9, paragraph 1, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall designate an arbitrator.

If within 30 days after the receipt of the appointing authority's confirmation of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has designated, the first party may request the appointing authority to appoint the second arbitrator.

For example, according to the ICC, no additional party may be joined to a dispute after the confirmation of appointment of any arbitrator, unless all parties agree otherwise.

Not exact matches

The franchisee brought another application in Ontario court in 2011 for the appointment of an arbitrator, but the parties subsequently agreed on the appointment of Steven Goldman, a well - known franchise lawyer.

It has already led to a number of arbitrators refusing to accept appointments in Dubai seated arbitrations, as well as resignations of those already appointed in such cases.

If arbitrators fail to meet these expectations, they will receive less and less appointments and be phased out as influential arbitrators The reappointment process can therefore work as a means for the system to accommodate and process changes in its environment, including the mounting criticism of the current functioning of investor - State arbitration.

I think that the one - off nature of arbitration and the appointment mechanism for arbitrators have a great potential for bringing change to the system.

Since its introduction seven years ago, the SCC has seen almost 30 applications for the appointment of an emergency arbitrator.

Hence there seems to be a decline in appointment or nomination of Nigerian arbitrators in major international arbitration, although it is hoped that this situation will be short lived.»

(a) shall state whether the affiliated bargaining agent agrees to the appointment of the individual whom the referrer nominated as the arbitrator and, if it does not agree, name the individual whom the affiliated bargaining agent nominates as arbitrator;

(15) The date of the first hearing of a mediator - arbitrator appointed under this section shall not be later than 21 days after the appointment of the mediator - arbitrator.

Summary: The appellant challenged a Swedish arbitration award under Section 34 (5) of the Swedish Arbitration Act, alleging that a party - appointed arbitrator's prior appointments by the same law...

engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality of any award, including repeated challenges to an arbitrator's appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);

We regularly appear before the Courts when interim measures are sought, such as the appointment of arbitrators, the challenge of arbitrators, or the stay of proceedings in favour of arbitration, and on the enforcement of arbitration awards in Ontario and Canada.

By applying for the appointment of an Emergency Arbitrator, a party who is in need of a prompt interim decision may receive a decision on interim measures within five days.

The expedited rules include various notable features including the appointment of a sole arbitrator, despite the parties» agreement to have a three - member tribunal.

In 2014, the SCC also received applications for the appointment of an Emergency Arbitrator in two treaty disputes under the SCC Rules for the first time.

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

Where parties have not previously agreed on the method for appointment of an arbitrator, The Arbitration Act of Manitoba provides that a party may make an application to court to have a judge appoint an arbitrator after a dispute arises.

If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement of an arbitration, the party may apply to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for the appointment of an Emergency Arbitrator in accordance with the SCC Rules.

In October 2012, the CRCICA signed a cooperation agreement with the SCC, which included both institutions promoting the use of arbitration, organising conferences and seminars, as well as jointly cooperating in the appointment of mediators and arbitrators.

John recently led the mediation panel at the Chartered Institute of Arbitrators» 2nd Annual Dispute Appointment Service (DAS) Convention (www.brickcourt.co.uk;www.core-solutions.com)

The 2016 Rules change the parties» choice of arbitrators from appointment to nomination (Article 12).

The new provisions in the 2016 Rules that allow for consolidation of related arbitrations and joinder of additional parties, as well as the appointment of an emergency arbitrator, would increase efficiency and flexibility of KCAB proceedings.

Additionally, it is important to note that the emergency arbitrator procedure that allows a party seeking conservatory and interim measures to apply for an appointment of an emergency arbitrator is separate from the conservatory and interim measures that the Arbitral Tribunal may order.

Measures to increase fairness in appointing arbitrators, including the requirement for arbitrators to sign and submit statements showing their acceptance, impartiality and independence, and the changes in the parties» choice of arbitrators from appointment to nomination.

The SIAC, LCIA, ICC and HKIAC rules all include similar provisions allowing appointment of emergency arbitrators.

In Halliburton Company v Chubb Bermuda Insurance Ltd & Others [2018] EWCA Civ 817, the Court of Appeal considered the extent to which an arbitrator may, without the parties» knowledge, accept appointments in several matters in relation to the same or...

Appendix 3 of the 2016 Rules specifies its application as well as the appointment and the power of emergency arbitrators.

The SCC received three applications for appointment of an emergency arbitrator in 2017, compared to 13 in 2016.

Stena — v - Westport: Chris was instructed by the Claimants in relation to this claim arising out of a joint venture agreement in which Chris» clients had to make an opposed application to the Commercial Court for the appointment of an arbitrator in circumstances where the Respondents had wrongly commenced proceedings in the US.

On accepting his appointment as arbitrator in 2013, Gerstenmaier had signed a declaration of independence, as required by the ICC.

The question facing officials now is if they wish to focus on minor reforms to arbitral appointment procedures (perhaps limiting the number of times a law firm can appoint the same arbitrator), on major reforms to arbitral appointment procedures (perhaps getting rid of party appointment), or on designing a procedure for fixed - term appointments.

He regularly accepts appointment as arbitrator within the fields of his practice.

The statistics for 2016 shows that, when the SCC made the appointment, 22.5 % of women arbitrators were appointed.

The matter then came back before Moore - Bick J. on the Claimant's application for the appointment of an arbitrator.

The SCC has just published its Policy on Appointment of Arbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC arArbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC ararbitrators in SCC arbitrations.

In case of failure to appoint an arbitrator or to agree on the appointment of the third arbitrator, Rules of the LCIA shall apply.

As Arbitrator, he sat in over 80 major international cases, including appointments as President and Co-Arbitrator in numerous ICSID, NAFTA and ad hoc investor - State disputes and institutional and ad hoc commercial arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL).

ICDR provides conflict - management assistance in more than 80 countries, and its services include assisting in the appointment of mediators and arbitrators, organizing hearings and providing users with information on dispute resolution.

Subject to paragraph 2 of this article, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in articles 8 to 11 that was applicable to the appointment or choice of the arbitrator being replaced.

Number of arbitrators (Article 7) Appointment of a sole arbitrator (Article 8) Appointment of three Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (arbitrators (Article 7) Appointment of a sole arbitrator (Article 8) Appointment of three Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (Article 16)

A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

If within 30 days after the appointment of the second arbitrator, or such other period as may be set by the Secretariat, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under article 8, paragraph 2.

Where institutional rules contain a mechanism for the appointment of an emergency arbitrator, the parties remain at liberty to opt out of that mechanism if it prefers a court's decision to support the arbitration.

A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in articles 11 and 12 became known to that party.

A party is not precluded from raising such a plea by the fact that it has designated, or participated in the appointment of, an arbitrator.

In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.