Sentences with phrase «of arbitration awards»

NOTE: Escrowing of arbitration awards to secure timely payment as addressed in Section 53 (b - c) is not required in states where escrowing awards by associations is prohibitively expensive, and where the state association recommends alternative aggressive and cost - effective enforcement procedures that maximize enforcement / payment under state law, and local associations adopt those procedures, provided that nothing in those procedures is prohibited by National Association policy.

They actually happened as a result of arbitration awards made in connection with fee disputes in different parts of the country.

Now available in both online and loose - leaf formats, Leading Cases on Labour Arbitration is a pioneering work, designed to help you quickly access and navigate the maze of arbitration awards...

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.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

John Hancock Insurance Company v. Patten, 549 U.S. 975 (2006)(Should the manifest - disregard - of - law standard for judicial review of arbitration awards be narrowed?)

CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.

Now available in both online and loose - leaf formats, Leading Cases on Labour Arbitration is a pioneering work, designed to help you quickly access and navigate the maze of arbitration awards and court decisions.

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

11.3 What is the approach of the national courts in your jurisdiction towards the recognition and enforcement of arbitration awards in practice?

advising clients on the scope of arbitration agreements and enforcement of arbitration awards across the globe.

Cowan, as the accountant on the panel, raised the value of using insolvency practitioners in the enforcement of arbitration awards, something often overlooked but potentially «quite powerful, especially in the offshore jurisdictions».

The ease of recognition and enforcement of arbitration awards, compared to court judgments in foreign courts is often seen as one of the key advantages to arbitration.

We advise and represent parties at all stages of the arbitration process — from the negotiation of arbitration clauses, to the conduct of arbitration proceedings, to the enforcement or challenge of arbitration awards.

Further, Lluís has extensive experience of multijurisdictional disputes, provisional measures, and challenges to and enforcement of arbitration awards before domestic courts.

James also has extensive experience of court proceedings concerning arbitration including, in particular, enforcement of arbitration awards.

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.

In Nafta Traders, Inc. v. Quinn, the court ruled that the Texas Arbitration Act superseded the Federal Arbitration Act, allowing parties to contract the right of judicial review of arbitration awards.

Furthermore, it can be said that arbitration is better than a court judgment because the execution of arbitration awards is secured under the New York Convention.

Representation of clients regarding court enforcement of arbitration awards relating to power and power plant construction projects in Peru and Guatemala

Ct. 196 (1999), which provides a mechanism for multiple damages of arbitration awards under G.L. c. 93A.

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.

This includes inter-state litigation in relation to commercial contracts, the interpretation of treaties and state immunity under the State Immunity Act 1978, particularly in the context of enforcement of arbitration awards against states.

As Director of Arbitration and ADR, North America, for the ICC International Court of Arbitration, she advised North American companies, law firms and parties on all phases of ICC arbitration, including negotiating and drafting arbitration clauses, substantive and procedural rules for filing requests for arbitration before the ICC Court, and enforcement of arbitration awards

Cuomo originally sought to impose a 2 percent cap on the value of arbitration awards in a bill submitted in January with his Executive Budget, but backed away from that proposal when the Legislature resisted making any change to arbitration as part of the budget process.

(b) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or

Costs of arbitration, including reasonable attorney's fees incurred in arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the arbitration award after it is rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.

«(a) FILING AND EFFECT OF ARBITRATION AWARD - An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration.

«(1) TIME FOR FILING DEMAND - Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.

The Court confirmed that because collective bargaining agreements are negotiated and refined over time by the parties themselves to reflect their needs, and since arbitrators are chosen by the parties because of their expertise in the particular business and their trusted judgment to interpret and apply the agreement, a court's review of an arbitration award is «very limited».

Summary: The appellant moved the Supreme Court to grant its application for recognition and enforcement of an arbitration award rendered by the International Centre for Dispute Resolution in New...

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».

Not only did the Court find no legislative history to support an argument that the D.C. Council intended to expand or to deviate from the existing and limited standard of review, but the Court, in reviewing the drafting history of the Revised Uniform Arbitration Act, found likewise — that there was never any intent to abandon the standard of narrow and extremely limited judicial review of an arbitration award.

5 Jul. 28, 2014)(unpublished), is an interesting one involving affirmance of an arbitration award in favor of a well - known L.A. law firm and against a sophisticated ex-client defendant, especially focusing on a very broad arbitration clause allowing for fee recovery in any dispute and for a Trope waiver.

11.4 What is the effect of an arbitration award in terms of res judicata in your jurisdiction?

(2) If the parties settle the dispute during the arbitration proceedings, the arbitration tribunal shall terminate the proceedings and, if requested by the parties and acceptable to the tribunal, record the settlement in the form of an arbitration Award.

The risk varies from State to State and indeed between industries and the risk of non-payment of an arbitration award can be more acute in certain areas.

South Carolina's Uniform Arbitration Act, Title 15, Chapter 48, sets forth procedures to challenge or obtain court approval of an arbitration award.

The wife immediately moved to add the trustee in bankruptcy as a party to the pre-existing court proceeding and asked the court to transfer the husband's RRSPs to her in partial satisfaction of the arbitration award.

The courts will only review those portions of an arbitration award where the parties reserved the review in the submission.

Aveng (Africa) Ltd v Government of the Gabonese Republic [2012] All ER (D) 150 - enforcement of an arbitration award against a sovereign debtor.

You and Digital Trends also agree that the state or federal courts in Multnomah County, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

Instead, arbitration uses a neutral arbitrator to decide the dispute, and court review of an arbitration award is limited.

If the arbitration award is confirmed by the Board of Directors following the conduct of the limited procedural review, the nonprevailing party shall have an additional fifteen (15) days from the transmittal of the Directors» decision to institute an appropriate legal challenge to the validity of the arbitration award.

After fifteen (15) days from the transmittal of the Directors» decision, if written notice of a suit challenging the validity of the arbitration award has not been received by the Board, the funds shall be released from the escrow or trust account and paid to the prevailing party.

In such case, the nonprevailing party shall also cause legal counsel to advise the Board in writing that a suit challenging the validity of the arbitration award has been filed during this additional fifteen (15) day period.

The Buyer's Representative also sought vacation of the arbitration award.

Not exact matches

If a clothing brand disagrees with a ruling of the accord's steering committee, it can appeal for a final and binding arbitration process — but any resulting award is legally enforceable.

They would also have to give the bureau information on any claims filed and awards issued in their arbitrations, as well as correspondence from their arbitrators regarding unpaid fees and failure to follow standards of conduct.