Sentences with phrase «of tribunal awards»

In GMB v Holis Metal Industries Ltd the EAT held that TUPE did potentially apply to transfers outside the UK, although it conceded that enforcement of tribunal awards might prove tricky.

Not exact matches

The tribunal in the arbitration with Danone on claims arising out of Fonterra's WPC80 precautionary recall in August 2013 has issued its award.

First, Thursday April 13th saw a disclosure from the Energy Ministry that Ontario paid out $ 28,095,332 including about $ 240,000 in interest to Windstream Energy to satisfy the award made to them under the NAFTA (North American Free Trade Agreement) tribunal, due to cancellation of a 300 - MW offshore industrial wind turbine project.

The EAT also noted that while the tribunal took a «very dim view» of the conduct of Miss Nixon at the Christmas party, that could not be taken into account in considering an award of just and equitable compensation; that had to be in accordance with the loss sustained [at 56].

The case concerned a preliminary reference by a German court (the Federal Court of Justice, or Bundesgerichtshof) regarding the validity of an award rendered by an ISDS tribunal under the Dutch - Slovak bilateral investment treaty (BIT).

Generally speaking, whether or not the original aid scheme constitutes illegal state aid (there are strong indications that it doesn't), the tribunal should have acknowledged that the claimant investor is bound by EU state aid rules and that the satisfaction of the award is conditioned on the Commission's finding on the compatibility of the original scheme with EU state aid rules.

The optimal outcome for investors is if they have the possibility to bring a claim based on an EU FTIA before an investor ‑ state tribunal and before domestic courts, while the optimal outcome for civil society is if investors can not bring an FTIA claim before any of the two judicial avenues; (ii) problems facing the domestic enforcement of ISDS awards; (iii) the need to keep the investment protection standards in the agreements or not.

As noted, given that the criteria of state liability for non-contractual breaches are more strict under (in this case) domestic law, Spanish courts have rejected all compensation claims brought by the affected investors, whereas some of the tribunals dealing with the ECT claims have awarded sizeable compensation to the claimants.

Neither does the Court's approach recognize that arbitral tribunals appear to respect the autonomy of EU law, as also testified by the above quotes from intra-EU arbitral awards.

Procedural innovation is regarded as the key to controlling time and cost, where it is increasingly likely that tribunals will commit to a schedule for deliberations and delivery of final awards.

In particular, compensation for economic loss occurring as a result of general legislative acts (such as the one in Achmea) is not easily forthcoming under EU law or national law, whereas in Achmea the tribunal awarded the claimant investor some 22 million euros in damages.

Article 2 of the 1927 Geneva Convention states in relevant part: «If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

The losing party once again filed for the setting aside of the award, this time alleging that the tribunal had not observed the decision of the court rendered during the first setting aside proceedings and, moreover, this led the tribunal to overlook the limitation periods included in Polish law.

However it serves both as a reminder of the importance of following a fair procedure when dismissing an employee but also of the fact that the employment tribunal is free to reduce a compensatory award as it judges just and equitable in the event that the Claimant is considered to have contributed to a dismissal.

For instance, article 1520 of the New French Code of Civil Procedure provides that an award should not be recognized where «the arbitral tribunal was not properly constituted».

Para 51 — «the arbitral tribunal... is itself to choose its seat and consequently the law applicable to the procedure governing judicial review of the validity of the award...».

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

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

According to the ICC Report, tribunals allocated costs according to the principle «costs follow the event» in the majority of awards.

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

In a 1978 decision, for instance, the Court of Appeal of Florence refused to enforce an award rendered in England by only two arbitrators, who had declined to appoint a third arbitrator on the basis of the 1950 English Arbitration Act, pursuant to which a clause providing for a three - member tribunal was deemed to take effect as if it provided for an umpire.

As recorded in the travaux préparatoires of the New York Convention, the omission of language in the 1927 Geneva Convention allowing postponement of recognition or enforcement, or granting enforcement subject to a guarantee, of any award that «has not covered all the questions submitted to the arbitral tribunal», was a «significant change» from the wording of the 1927 Geneva Convention.809 The omission is particularly notable given that article V (1)(c) contains very similar language to article 2 (b) of the 1927 Geneva Convention.810

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

The Svea Court of Appeal dismissed Kazakhstan's claims, holding that the award was not clearly incompatible with Swedish ordre public, that the arbitration agreement was valid, and that the arbitral tribunal was duly appointed.

Introduce «naming and shaming» of businesses that do not pay employment tribunal awards and new reporting obligations (for example, publish information on agency workers and zero hours workers).

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

It is bound by the decision rendered in the setting aside of the award to the same extent that any other tribunal or court would be bound.

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

Kazakhstan also claimed that the award was not covered by a valid arbitration agreement and that the tribunal had been appointed in violation of the SCC Rules.

Against this background, the ICC Commission's Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

Of importance to all regulators, the tribunal noted, in addressing injury to dignity (and in awarding $ 25,000 under this head of loss), the complainant was in an «extremely vulnerable position,» given that events were taking place at the very outset of his career, and involved interactions with his professional governing body, leading to «a significant power imbalance at play.&raquOf importance to all regulators, the tribunal noted, in addressing injury to dignity (and in awarding $ 25,000 under this head of loss), the complainant was in an «extremely vulnerable position,» given that events were taking place at the very outset of his career, and involved interactions with his professional governing body, leading to «a significant power imbalance at play.&raquof loss), the complainant was in an «extremely vulnerable position,» given that events were taking place at the very outset of his career, and involved interactions with his professional governing body, leading to «a significant power imbalance at play.&raquof his career, and involved interactions with his professional governing body, leading to «a significant power imbalance at play.»

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.

Summary: The respondent requested the Court to amend the award alleging that the tribunal had made a procedural error that affected the outcome of the case.

In the arbitral award, the tribunal had found the appellant in breach of EU competition law and ordered it to pay damages.

«A party to arbitral proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.»

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

«9 The Court refused to interfere with the AHRC's award of damages, and held that it was within the range of reasonable past awards by tribunals and courts.

68 and 69 of the Arbitration Act 1996 to vary an LMAA arbitration award made by a distinguished three - member tribunal.

Summary: The claimant requested that the Court annul certain items of the arbitral award because the arbitral tribunal had exceeded its mandate by going beyond the parties» motions and by...

The President of the Employment Tribunals in England and Wales has issued guidance updating the Vento bands for calculating awards for injury to feelings.

A tribunal awarded nominal compensation of # 2 for not permitting an employee to be accompanied by...

The Supreme Court concluded that the tribunal's award was not contrary to the mandatory EU competition rules, and found that it was not necessary to request a preliminary judgment from the ECJ to guide its review of the matter.

The government lost the case before the investment tribunal and the tribunal issued an award of around 25 million EUR against Slovakia, which refused to pay.