Sentences with phrase «of seat of arbitrations»

The Dubai International Arbitration Centre (DIAC) is proposing to change the default of seat of arbitrations conducted under its rules of arbitration to the Dubai International Financial Centre (DIFC).

The Court will have no jurisdiction to resolve a dispute where the parties have agreed that disputes must be referred to arbitration (although the Court of the seat of the arbitration will be able to determine questions of jurisdiction).

National laws of the seat of the arbitration may provide that the court is entitled to order consolidation of connected arbitral proceedings for example via the Arbitration Act in the Netherlands; the California Code of Civil Procedure and Canadian Provincial laws.

At least for cases involving parties from EU Member States, the effect of insolvency proceedings on pending arbitration proceedings will be determined in accordance with the law of the seat of the arbitration (Council Regulation on Insolvency Proceedings (No. 1346/2000), article 15).

Shri Nariman then argued that after having expressly consented to the shifting of the seat of arbitration from Kuala Lumpur to Amsterdam in the first instance and effectively taken part in the proceedings held at London till 31.3.2005, respondent No. 1 is estopped from claiming that the seat of arbitration continues to be at Kuala Lumpur.

The petitioner has already expressed its dissidence about the English Court deciding the question of seat of arbitration for the reason that for the English Court to assume jurisdiction, it is the place of arbitration which is the relevant factor.

Not exact matches

The seat of the arbitration shall be Carson City, Nevada, USA.

As such, parties used to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural law).

Even if arbitration is preferred over litigation (which is more likely in cross-border transactions), Chinese parties may require the dispute to be seated in China and administered by an established Chinese arbitral institution, such as the China International Economic & Trade Arbitration Commission (CIETAC) in Beijing or Hong Kong (CIETAC - HK), or by one of the newer institutions established to specifically handle OBOR disputes, such as the Wuhan Arbitration Commission's OBOR Arbitration Court.

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral awards.

Sole presiding arbitrator in a maritime dispute with a Nicaraguan claimant and Bahamian Respondent, applying general United States maritime law, and with the seat of arbitration in Nicaragua.

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.

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

Preliminary injunction judge at the District Court (Voorzieningenrechter) of the district where the seat of arbitration is located, when the seat is in the Netherlands.

It remains to be seen how the Guidelines will be interpreted by Arbitrators where the seat of an arbitration is in the UAE.

We advise on all aspects of arbitration, from drafting suitable clauses to advising on the type and seat of arbitration, the formation of a tribunal, arbitral procedure and enforcement of the award.

However, Mr Peart says that because Australia's arbitration seat is less developed than that of Singapore, Australian lawyers tend to be less experienced in arbitration work.

Conducting the advocacy on behalf of a third - party witness compelled to attend a London - seated arbitration pursuant to s. 43 of the Arbitration Act 1996.

Summary: The respondent challenged Stockholm as the seat of arbitration, alleging an insufficient connection to the Swedish legal system under the Swedish Arbitration Act.

Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).

Representing the official Chinese - appointed administrator in several London - seated arbitrations, involving complex questions of law under the Cross Border Insolvency Regulation and impact of Chinese court decisions.

However, she notes some are still reluctant to choose the region as a seat to resolve disputes: «Socio - political and security challenges currently facing Nigeria tend to limit the desire of parties and arbitration practitioners to bring the seat of arbitration to Nigeria.

Anton has experience of arbitrations under «Bermuda form» policies of insurance, including a case concerned with artificial heart implants, and proceedings under a pharmaceutical risk policy (English seat; New York law).

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 is demonstrated that arbitrators no longer automatically refer to the private international law of the state that is the seat of arbitration to determine the applicable law, nor to private international law rules of a particular country.

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

The seat of arbitration shall be -LSB-...].

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets...

Party Appointed Arbitrator in UNCITRAL arbitration (Zurich seat but held in London) where an oil company claimed against Eastern European state for alleged wrongful termination of concession.

The investors have indicated that they intend to appeal the judgment, but unless and until the Singapore Court of Appeal provides its own analysis of these issues, this case will sit alongside the Sanum judgment as a benchmark case for future investment arbitrations seated in Singapore.

The research suggests that seats were deemed to have improved due to 1) better hearing facilities, 2) the availability of quality arbitrators who are familiar with the seat, 3) better local arbitral institutions, and 4) improvements to the national arbitration law.

Our local knowledge ensures that we are ideally placed to advise on arbitrations under local rules such as DIAC, DIFC - LCIA and the Abu Dhabi Chamber of Commerce and international rules where the arbitration is seated in the region.

For users who may be in need of information about the EU sanctions against Russia and its potential impact on international arbitrations seated in Sweden, SCC has added two new resources.

Similarly, close to two - thirds (62 %) of respondents to the 2010 White & Case and Queen Mary University survey Choices in International Arbitration stated that a jurisdiction's «formal legal infrastructure» remains the most important factor when choosing a seat for international arbitration.

After practitioners exchanged criticisms with the UAE Ministry of Justice, the Dubai government issued a letter confirming that foreign lawyers can appear in arbitrations seated in Dubai.

CRCICA, together with Cairo's Court of Appeal, make up the two key players in Egypt's dispute resolution mix; the court provides that has jurisdiction over institutional arbitrations located in or outside Egypt and arbitrations seated outside Egypt, where the parties have agreed to conduct the arbitration.

Dipen Sabharwal highlights the key findings of the survey in a video within the article, including that «London has continued its dominance as the leading seat for international arbitration, followed by Paris, Singapore and Hong Kong.»

However, problem arises when the seat of an international arbitration takes place outside Bangladesh, as Section 3 (1) of the Act states that the Act «shall apply where the place of arbitration is in Bangladesh».

In this case, it was held that under section 3 of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the seat of arbitration is outside Bangladesh.

If the companies that get involved in arbitration have relocated following the withdrawal of the UK from the EU, they may easily choose a different seat of arbitration.

Arbitrators and parties are keen to come to Singapore and to use Maxwell Chambers as a seat of arbitration.

The answer will depend on the «seat» of the litigation or arbitration.

Switzerland has an established litigation funding market, with funding of both domestic litigation and arbitration seated in Switzerland permitted by Swiss law.

The provisions apply not only to arbitrations seated in Hong Kong but also to funding of Hong Kong services provided in relation to an arbitration for which the place of arbitration is outside Hong Kong or if there is no place of arbitration, as if the place of arbitration were in Hong Kong.

In Essar Oilfield Services Limited vs. Norscot Rig Management PVT Limited [2016] EWHC 2361, the High Court, applying the Arbitration Act 1996 (the «Act») to an English - seated International Chamber of Commerce («ICC») arbitration, held that the arbitrator had not exceeded his powers in determining that the losing party, Essar, should pay the funding costs of the successful party, Norscot.

Sole arbitrator in LCIA arbitration involving a state - owned company concerning the financing of a power plant in Eastern Europe (seat England, English law)

Since the late 1990s litigation funding has been widely accepted in Germany, resulting in an established litigation funding market — with three German funders holding almost all market share — of both domestic litigation and arbitration seated in Germany permitted by German law.

Advising the Republic of Albania in international arbitration under the ICC Rules (seat Paris) concerning claims arising from energy concession contracts and infrastructure projects involving hydroelectric development.

Advising a South Korean defence and infrastructure group in respect of claims in ad hoc international arbitration (seat Oman) arising from the construction of a water treatment plant in the Middle East.

The choice of the seat may affect the outcome of the arbitration and can be of crucial significance.