Sentences with phrase «of arbitral»

If the Claimant fails within the time specified under these Rules or as may be fixed by the Registrar, to submit its Statement of Case, the Registrar may issue an order for the termination of the arbitral proceedings or make such other directions as may be appropriate in the circumstances.

With respect to the meaning of the word «value» in the lease, the majority of the arbitral tribunal referred to dictionary meanings and concluded that the ordinary meaning of «value» did not mean «depreciated cost».

If the order must be enforced out of the jurisdiction of the place of the arbitral tribunal, a court motion may be more appropriate in order to obtain an order that another court will enforce.

An interim arbitral order which is not a final award of the arbitral tribunal may not be enforceable outside the place of the arbitration.

If, before the award is made, the parties agree on a settlement of the dispute, the Tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the Tribunal, record the settlement in the form of an arbitral award on agreed terms.

The respondent in that case had filed a petition before Delhi High Court under Section 9 for stay of arbitral proceedings and filed another proceedings questioning the award on the issue of exchange rate.

Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the Tribunal, shall be communicated by the Tribunal to the Registrar and the Clearing House.

It is submitted that since the cause of action or plea in the petition for enforcement of the arbitral awards is different from what was pleaded or was subject matter of the petition under Section 9, claimant can not be held to be estopped from raising the plea.

In this view of the matter and for the reasons that we have indicated, we have come to the conclusion that this Court has no jurisdiction to entertain the petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an international commercial award of an arbitral tribunal constituted by the Refined Sugar Association, London.

The increasing presence of «the State» (in the broad sense) in general economic life has led to a need for renewed statutory and judiciary response to issues as diverse as vulture funds litigation involving sovereign debt, enforcement of arbitral proceedings against States (and similar entities),...

On the other hand, the law governing the arbitration agreement and the curial law governing the conduct of arbitral proceedings may not necessarily be the same as the law governing the substantive obligations of the parties under the contract.

Selecting an appropriate arbitrator or chair of the arbitral tribunal will obviously be important.

Accordingly, the majority of the arbitral tribunal concluded that, upon termination of Newfoundland Power's rights, (rather than the purchase of Newfoundland Power's business), the valuation of Newfoundland Power's undertaking must take into account the «assets» and «rights» of the Company as they were explicitly referred to in section 29.

Therefore, the only remedy to overturn the decision of an arbitral tribunal in Newfoundland and Labrador is an application for judicial review.

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

An advantage of these arbitral institutions is that their appointment process may avoid lengthy court proceedings to appoint the arbitral tribunal.

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.

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.

The ECJ today has held, in a matter of factly manner (I had suspected the Court would be brief), that the enforcement of arbitral awards falls outside the Brussels I - Regulation, where that enforcement by the court of that State, effectively prohibits the party concerned from taking the case to a court in that very Member State.

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 numerous benefits of arbitration range from the flexible nature of arbitral procedure, over which the parties have quasi-absolute control, to the ease of enforceability of arbitration awards and the fact that IP - related issues can be resolved in a single set of proceedings rather than having to be litigated in every jurisdiction in which the IP right is allegedly infringed.

Considering the enforceability of the arbitral award, Taiwanese companies may tend to accept, or even propose, to resort to SIAC, HKIAC or other international arbitration associations if involving cross border transactions, and to have their future disputes arbitrated in counties where New York Convention applies.

A Federal Court of Appeal decision eight months in the making is being called a «monumental decision» that «essentially overturns almost 40 years of arbitral law.»

His practice covers a broad array of subject matters, includ - ing constitutional law, sovereign immunity, ar - bitration, enforcement of arbitral awards, busi - ness litigation, securities fraud, criminal law, and intellectual property.

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.

Other sections in the Nigerian chapter cover: the enforcement of arbitral agreements; the formal requirements of the award, cost and expenses and interest; enforcement of the award; recourse against the award: setting aside and refusal of recognition and enforcement; and investor state dispute settlement.

As the courts in Canada continue to struggle with difficult issues relating to the enforcement of arbitration agreements and the enforcement of arbitral awards, it is worth looking at how courts in other common law jurisdictions see the relationship between the courts and arbitration.

Obtained confirmation of arbitral award plus statutory interest following successful oral argument in Massachusetts Superior Court (2017)

Second, the greatest value of any arbitral award lies in its cross-border enforceability.

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.

He has defended a Spanish company in two high - value arbitration cases for the acquisition of a Brazilian group of companies, winning damages over the sellers» contractual liability, who further sought vacatur of the awards in judicial proceedings in New York on the grounds of lack of impartiality of the President of the Arbitral Tribunal.

Often dual qualified, with a technical degree in construction, our team are members of one or more of the relevant building and engineering professional bodies, such as ICE, CIOB, RICS, LCIA TECBAR and IChemE, and have first hand experience of the arbitral rules of ICC and LCIA.

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

Kamal Shah Conformity of the Arbitral Process with the Rule of Law in the Context of Post-award Remedies

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.

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-...]

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

Another possibility is that the Sattva decision applies to the review of arbitral decisions and these Ontario Court of Appeal decisions apply to the review of lower court decisions.

That is within the jurisdiction of the arbitral tribunal.

The Court of Appeal discounted the fact that the lease referred to the 1970 version of the arbitral statute.

Legal rights of third parties not a party to the arbitration proceedings will not be affected and there will be no requirement for disclosure to or recordal of arbitral awards involving IPRs with the respective Registries of the Hong Kong Intellectual Property Department.

He has experience handling a range of arbitral proceedings and U.S. court litigation matters, including at trial, and has significant...

The Court of Appeal has held that the parties intended that the wording of the arbitral statute from time to time in force would apply to any arbitration under the lease.

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.

(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].

Access to court would otherwise be restricted to the judicial review of temporary determinations made by the family services agency and the appeal of arbitral awards.

This experience ensures our clients are served with a deep - rooted understanding of the arbitral system which matches their business needs in any sector or industry.

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.

(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.

The benefits of an arbitral appeal are: