Sentences with phrase «on arbitral tribunals»

The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.

In the spirit of this overall duty, the FAI Rules impose a number of obligations on the arbitral tribunal and the parties that are designed to reduce time and costs of the proceedings, including an obligation on the arbitral tribunal to render the final arbitral award within nine months from the receipt of the final award.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

The 1996 Act does, however, impose, an overarching «general duty» on the arbitral tribunal (section 33).

However, the restrictions imposed on the arbitral tribunal with regard to individuals or corporations based outside the United Kingdom also apply to the exercise of this power by the court.

Not exact matches

On February 29, 2016, Cecilia Malmstrom, European Commissioner for Trade, and Chrystia Freeland released a joint statement announcing that an agreement was reached to replace the «ad hoc» arbitral tribunals outlined in CETA, with a permanent tribunal whose members will be appointed in advance and will bound by strict ethics regulations.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

These remarks do not entirely eliminate the Court's autonomy concerns as arbitral tribunals may well engage with EU law in ways that have an adverse effect on its autonomy.

The point is not to argue that the Court's reasoning and conclusions are incorrect, but to shed light on the ways in which arbitral tribunals have actually «used» EU law, and to show that the Court's understanding (with which most commentators sympathize) that investment arbitration poses a threat to the autonomy of EU law is somewhat inflated.

Achmea casts serious doubts on the legality of CETA's investment chapter, which allows investors from one Party to submit to an arbitral tribunal a claim that the other Party has breached an obligation under CETA.

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

Courts have exercised the residual discretion they enjoy under article V (1) and have rejected challenges based on an irregular composition of the tribunal where it is clear that a party had previously intended to frustrate the arbitral procedure.

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».

Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider factual findings of the arbitral panel.»

Similarly, the entire judgment and the Court's main conclusion were premised on the situation where an arbitral tribunal interprets and applies EU law, indicating that the judgment has no impact on pending proceedings where EU law plays no (or only an indirect) role.

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.

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

Article V (1)(d) places no express limitation on the autonomy of the parties to agree on the composition of the arbitral tribunal or the arbitral procedure.

Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award costs in international arbitration.

after constitution of the Arbitral Tribunal, a party should not appoint a representative who has a conflict of interest with an arbitrator on the tribunal; and

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.

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.

«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.»

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...

Summary: The respondent in an ongoing arbitration challenged the arbitral tribunal's jurisdiction based on Section 2 of the Swedish Arbitration Act.

Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...

Courts must review an arbitral tribunal's assumption of jurisdiction on a correctness standard.

Like the widely used IBA Rules on the Taking of Evidence in International Arbitration, the IBA guidelines only apply if the parties agree to adopt them or if the arbitral tribunal has determined that it has authority to rule on matters of party representation.

His Lordship emphasised the importance of upholding party choice vis - à - vis the arbitral process — irrespective of the fact that no party has any choice about whether to arbitrate, let alone decide the composition of the tribunal, when they contract with CSAT; some explain this on the basis that CSAT is a special case, being a tribunal of an international organisation.

This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.

In so doing, he underscores the crucial role played by courts in support of foreign arbitration, while also shedding light on the interactions between arbitral tribunals and Turkish courts.

International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in arbitral tribunal history, a whopping $ 50 billion from Russia on behalf of former controlling shareholders of bankrupt oil giant Yukos.

As EU law is the «law of the land» of Member States, the Court had no trouble determining that an arbitral tribunal set up according to the BIT's ISDS provisions «may be called on to interpret or indeed to apply EU law, particularly the provisions concerning the fundamental freedoms, including freedom of establishment and free movement of capital» (para. 42).

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

On the decision, John told Lexpert that «the message that [the SCC] and various courts of appeal have sent out over the past decade or more, that when parties decide to arbitrate disputes and the arbitrator makes a decision, a great deal of deference is to be given by the court to the arbitral tribunal.»

In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the tribunal had not exceeded its mandate and did not breach the principle of equal treatment of the parties.

Eric S. Parnes is a partner in the Litigation and Trade Departments who focuses on representing clients in complex disputes — in court, before administrative agencies, and before arbitral tribunals — and on conducting and advising clients on internal investigations.

Indeed, the majority further expressed the view (obiter) that an arbitral tribunal could order a final (rather than interim) award requiring compliance with the DAB's decision if that is all that the tribunal was asked to rule on.

In another ground - breaking case, the Singapore High Court has set aside an investor - State arbitral award on the basis that the tribunal exceeded its jurisdiction...

Acting and advising in a challenge to an LMAA arbitral award under 68 of the Arbitration Act, on the grounds that the tribunal had failed in their duty to act fairly and impartially and failed to consider all the issues which were put to it.

In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the party was precluded from challenging award on several ground, and had failed to establish that the tribunal had been partial.

Widely recognised as one of the world's leading arbitrators, Fortier — former Canadian ambassador to the UN, honorary LCIA vice-president and ad hoc judge at the ICJ — has served on more than 100 arbitral tribunals and more than 30 investor - state dispute panels.

In a decision recently published on the Swedish Arbitration Portal, the Svea Court of Appeal dismissed a party's challenge to the arbitral award, finding that the tribunal had not exceeded its mandate.

In two of the new cases (the Bangladesh / Myanmar and the Panama / Guinea Bissau cases), the parties have agreed to refer to ITLOS, disputes which ordinarily were within the jurisdiction of arbitral tribunals under the dispute settlement system of the United Nations Convention on the Law of the Sea.

(d) In any event, the two arbitrators so nominated shall, in good faith, use all reasonable endeavours to agree on the nomination of the third arbitrator, who will chair the arbitral tribunal.

If a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the report, participate in a hearing where the parties have the opportunity to put questions to him or her and to present expert witnesses in order to testify on the points at issue.

If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the report to the parties, which shall be given the opportunity to express, in writing, their opinion on the report.