Sentences with phrase «on tribunal awards»

Proposals on the table include extending the definition of a «relevant adviser» who can sign off a compromise agreement; changing the current position on interest accruing on tribunal awards; broader powers for tribunals to make recommendations in discrimination cases.

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.

But the tribunal awarded her # 1,100 compensation for the way the case was handled by Kirklees education authority, for «injury to her feelings», and the judgment also rebuked politicians for commenting on the case while it was still proceeding.

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.

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».

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.

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

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.

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.

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).

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

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.»

After establishing the basic award, the employment tribunal focuses on finalising the compensatory award.

Summary: The tribunal rendered a negative award on jurisdiction.

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...

Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.

The employment tribunal found that it was not just and equitable to make an order of apportionment and so awarded on a joint and several liability basis against the parties who did not attend the hearing.

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.

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».

Further to our previous blog on the tribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing ctribunals issuing a response to the Vento band consultation for cases presented from 11 September 2017, the Presidents of the Employment Tribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing cTribunals in England, Wales and Scotland have now issued updated joint guidance increasing the Vento bands used to calculate awards for injury to feelings (most commonly seen in discrimination and whistleblowing claims)...

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.

The losing party in the arbitration sought to set aside the award, arguing that the tribunal had exceeded its mandate by basing its decision on a review of related transactions governed by other agreements involving other parties.

In 2011, one of the University of Toronto's Faculty of Law professors, Judith McCormack, won the award for her lasting impact on her students entering the legal field and her success in achieving systemic changes in legal clinics, law schools and the tribunal sector.

I have heard talk of a proposal to reintroduce the rather historic cap on the compensation that can be awarded by Employment Tribunals for discrimination claims, in the same way that there is a limit on the compensation for standard unfair dismissal claims.

It relied on a number of factors, including that the tribunal had awarded costs against the commissioners because of their «serial failures to comply with the time limits in the tribunal rules and its directions», which «hamper the administration of justice and can prejudice the other party».

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.

This code can be referred to in tribunal proceedings and the tribunal has the power to award an increase of up to 25 % on any compensatory award where the employer has unreasonably failed to follow the ACAS Code.

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...

When a review or appeal body has not already addressed a matter of discrimination by a regulator on a prohibited ground, that discrimination may be addressed by a human rights tribunal, exposing the regulator to a potentially significant compensation award.

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.

The A: Chris was instructed on behalf of the Claimant charterers and bill of lading holders in this unseaworthiness arbitration in which the tribunal issued an interim award in Chris client's favour in relation to the question of incorporation of the Hague Rules into the charterparty.

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 a decision recently posted on the Swedish Arbitration Portal a party sought to set aside an award alleging, among others, that by disregarding evidence the tribunal exceeded its mandate and incurred in a procedural error

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

The Court of Appeal held today in the case of Small v The Shrewsbury and Telford Hospitals NHS Trust [1] that an employment tribunal should consider of its own motion awarding stigma damages to a successful employee in a whistleblowing dismissal case even where it is not raised on behalf of the employee, where the evidence warranted it.

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.

The arbitral tribunal may within 30 days after the communication of the award make such corrections on its own initiative.

Unless the parties have agreed otherwise, the arbitral tribunal may order that pre-award and post-award interest (either simple or compound) be paid by any party on any sum awarded at such rates as the arbitral tribunal decides to be appropriate (without being bound by rates of interest practised by any state court or other legal authority).

The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or upon application of a party, to reopen the proceedings at any time before the award is made.

The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that: (a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and (b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim.

The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.

The arbitral tribunal may rule on a plea referred to in paragraph 2 either as a preliminary question or in an award on the merits.

In a recently published decision, the Supreme Court set aside an arbitral award on the grounds that the arbitral tribunal had wrongly accepted jurisdiction.

(i) the final award deals with a dispute not falling within the terms of submissions to arbitration as a Memorandum of Understanding («MOU «-RRB- had terminated the reference to arbitration, resulting in lack of jurisdiction on the part of the tribunal (the «Jurisdiction Issue «-RRB-;