Sentences with phrase «parties to the arbitration»

7.3 In practice, what is the approach of the national courts to requests for interim relief by parties to arbitration agreements?

Parties to an arbitration agreement can specify their rights to appeal to a court, limiting the right of appeal to factual issues, legal issues, both or neither.

Jurisdiction — Sales Agency Agreement including an arbitration clause — Identity of parties to the arbitration clause — Implied contract — Construction of notice of arbitration — Arbitration Act 1996, section 67.

However, the working group found a consensus that «the risk of multiple proceedings or conflicting decisions should not outweigh the risk that parties wishing to avoid their commitment to arbitrate, or to delay or disrupt arbitral proceedings, might commence an action which includes claims that are both within and without the scope of the arbitration agreement or unnecessarily names persons who are not parties to the arbitration agreement for tactical reasons.»

(3) If the challenged arbitrator agrees to withdraw or all other parties to the arbitration agree to the challenge, the challenged arbitrator shall withdraw from the arbitration.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

Despite the guidance provided in the Code of Ethics and Arbitration Manual, questions continue to arise as to what constitutes an arbitrable issue, who are the appropriate parties to arbitration requests, etc..

(1) The Centre and parties to an arbitration under these Rules may deliver any written communications required or permitted under these Rules personally, by mail, by facsimile, by email or by other means of telecommunication which provide a record of delivery.

The Rules allow parties to elect to have a right of appeal to an appeal tribunal for parties to an arbitration which the Centre administers.

Insight All too often, parties to arbitration make agreements that leave the decisions on most of their options to others or to chance, warns Daniel Pascucci for Mintz Levin..

Arbitrators have a duty to investigate potential conflicts of interest which is just as important, if not more, as the conflict checks parties to the arbitration undertake.

By taking a «direct financial interest» in the arbitration, and by taking a measure of control over how the claim is prosecuted and any settlement decision, the funder becomes a direct party to the arbitration.

Following the completion of the arbitration process, the nonprevailing party to the arbitration, Hampton Real Estate Group, Inc. -LRB-...

Courts can have jurisdiction over people who aren't parties to an arbitration agreement but who may be necessary to grant full relief or who have a stake in the outcome.

Finally, Macintosh J. stayed proceedings against all the defendants who were not parties to the arbitration agreement.

The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion.

«The parties to the arbitration agreement are enjoined from making any emergency applications concerning the management of the hotel in any forum other than the ICC or the courts of New York,» he wrote — jurisdictions in which the matter has already been contested, including the International Chamber of Commerce.

But the Tribunal has no authority over any person who is not a party to the arbitration agreement.

The parties to an arbitration proceeding can choose the process that is best for their dispute, their circumstances and the width of their pocketbooks.

The arbitration included a contested challenge to jurisdiction, following which the mine owner's parent company was removed as a party to the arbitration.

Following a contested challenge to jurisdiction, the mine owner's parent company was removed as a party to the arbitration.

In terms of the procedure to be used in the arbitration, The Arbitration Act also provides that the arbitrator may determine the procedural rules to be followed, subject always to the overriding requirement that the parties to the arbitration must be treated equally and fairly.

Parties to an arbitration agreement may also seek a stay under s. 7 (2) of the Arbitration Act.

In other words, a party to an arbitration agreement may choose to commence a lawsuit.

According to the legislation, if a party to an arbitration agreement starts a lawsuit instead of proceeding with an arbitration, the Court will stay that proceeding upon motion brought by the other party to the arbitration agreement.

[129] Proponents of this view assert that a wrong legal interpretation in an arbitral decision generally affects only the parties to that arbitration.

If a party finds itself in a situation where it did not specifically draft a multi-party friendly arbitration clause but now wants to join another party to an arbitration or consolidate existing arbitrations, it is important to bear the following in mind:

Parties to arbitration agreements must draft them with care and should consider explicitly excluding tort or fraud claims if that is what they intend.

(1) Unless the parties to an arbitration otherwise agree, the rules of the British Columbia International Commercial Arbitration Centre for the conduct of domestic commercial arbitrations apply to that arbitration.

There is no clear authority on whether the existence of an arbitration and the identity of the parties to the arbitration are confidential.

a party to the arbitration agreement was, under the law applicable to them, under some incapacity;

(2) A party to an arbitration may disclose an Award to its professional advisers, insurers or other persons with a legal interest in the outcome of the arbitration provided that such disclosure is made on the basis that the recipient will keep the Award confidential unless required to be disclosed by law.

(1) A party to an arbitration, other than an arbitration in respect of a family law dispute, may appeal to an appeal tribunal on any question of law arising out of the Award if: