«
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.
This was the case in a challenge to enforcement brought under article V (1)(c) before the Supreme People's Court of China, which found that one of the respondents named in the award was not
a party to the arbitration agreement.
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.
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.
Parties to an arbitration agreement may also seek a stay under s. 7 (2) of the Arbitration Act.
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.
The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against
a party to the arbitration agreement other than the claimant.
Where
the parties to an arbitration agreement have agreed to submit their disputes to arbitration under the Rules, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings, unless agreed otherwise.
The arbitral tribunal may, at the request of any party, allow one or more third persons to be joined in the arbitration as a party provided such person is
a party to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person or persons to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties.
Parties to arbitration agreements must draft them with care and should consider explicitly excluding tort or fraud claims if that is what they intend.
a party to the arbitration agreement was, under the law applicable to them, under some incapacity;
A court may intervene in the selection of arbitrators in certain circumstances, but only on the application of one of
the parties to the arbitration agreement.
In Fiona Trust Corp, the House of Lords also held that arbitration clauses in international commercial contracts ought to be liberally construed, and
that parties to arbitration agreements generally intend all disputes arising out of their relationship to be determined by the same tribunal, unless language to the contrary is present.
It should be noted that a non-signatory may become
party to an arbitration agreement according to English law principles of agency.
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.»
Finally, Macintosh J. stayed proceedings against all the defendants who were not
parties to the arbitration agreement.
However, the Commission noted that the Arbitration Ordinance applies only to
parties to an arbitration agreement.
There is a risk that
parties to arbitration agreements will start foreign EU court proceedings in response to London arbitration proceedings, resulting in extra legal costs and management time being incurred (certain EU domestic court regimes are notoriously slow and inefficient).
Not exact matches
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
To the fullest extent permitted by applicable law, no
arbitration under this
Agreement shall be joined
to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwis
to an
arbitration involving any other
party subject
to this Agreement, whether through class arbitration proceedings or otherwis
to this
Agreement, whether through class
arbitration proceedings or otherwise.
26.1 Regardless of any statute of limitations or law
to the contrary, and
to maximum extent permitted by applicable law, any Dispute arising out of or related
to the Services or this
Agreement must be filed within six (6) months after the date in which the incident giving rise
to the Dispute occurred; provided that, if the substantive law applicable
to the
arbitration prohibits the
parties from agreeing
to this limitations period, then the limitations period under the applicable substantive law shall control.
The
parties agree that any and all controversies, disputes or claims arising out of or under this
Agreement, shall be exclusively governed and decided by binding
arbitration under the Federal
Arbitration Act in conformity with the Rules and Procedures as established by the American
Arbitration Association, and the determination of the arbitrator shall be final and binding (except
to the extent there exist grounds for vacation of an award under applicable
arbitration statutes).
You and Velocity Micro agree that any claim, dispute, or controversy, whether in contract, tort or otherwise, and whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims («Dispute») against Velocity Micro, its employees, agents, successors, assigns or affiliates arising from, in connection with, or relating
to this
Agreement, its interpretation, or the breach, termination, or validity thereof, the relationships which result from this
Agreement (including,
to the full extent permitted by applicable law, relationships with third
parties who are not signatories
to this
Agreement), Velocity Micro's advertising or any related purchase SHALL BE RESOLVED, EXCLUSIVELY AND FINALLY, BY BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION under its Code of Procedure then in effect.
In the event of any controversy, claim or dispute between the
parties arising out of or relating
to this
agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this
agreement to arbitrate, shall be determined by
arbitration in Laramie County, Wyoming or in the county in which the consumer resides, in accordance with the Laws of the State of Wyoming for
agreements to be made in and
to be performed in Wyoming.
Pre-dispute
arbitration clause: An
agreement between the firm and either its customer or its employee which states that the
parties to the
agreement will subject future disagreements
to arbitration.
This
arbitration provision shall survive: i) the termination of the
Agreement; ii) the bankruptcy of any
party; iii) any transfer, sale or assignment of your Savings Account, or any amounts owed on your Savings Account,
to any other person or entity; or iv) closing of the Savings Account.
Mandatory
arbitration is an increasingly popular provision in loan
agreements that requires
parties to resolve disputes through an arbitrator, rather than the court system.
Given that this
Agreement provides for mandatory mediation and
arbitration, if any
party commences litigation in violation of this provision, such
party shall reimburse the other
parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking
to abate such litigation and compel
arbitration.
The
parties agree that notwithstanding anything
to the contrary, the rights and obligations in this mediation -
arbitration provision shall survive (1) termination of this
Agreement by either
party; or (2) default of this
Agreement by either
party.
The
parties agree that any and all disputes, claims or controversies arising out of or relating
to the
Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted
to final and binding
arbitration before a single arbitrator of the American
Arbitration Association («AAA») in Los Angeles, California, or its successor.
If any
arbitration or other proceeding is brought
to enforce or interpret this
Agreement or matters relating
to it, the substantially prevailing
party, as determined by the arbitrator's award, will be entitled
to recover reasonable attorneys» fees and other costs and expenses incurred in such
arbitration or proceeding from the other
party, in addition
to any other relief
to which such prevailing
party is entitled; provided that in no event will the arbitrator have the authority
to award punitive damages.
The
parties agree that any controversy or claim arising out of or relating
to this
Agreement, or the breach thereof, will be settled by binding
arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of the American
Arbitration Association.
GOVERNING LAW: This
agreement shall be governed by and construed in accordance with the laws of Kenya, and any litigation necessary
to resolve disputes between the
parties shall be filled in the courts located in Kenya, where such a dispute can not be solved through
arbitration.
Leaving aside the ICS versus
arbitration distinction, it seemed
to me the CETA would offer a clearer case of intrusion into EU law and the ECJ's autonomy over that law from your perspective because the EU is a
party to the
agreement?
It can assert authority over the
party being funded (or seeking funding) in connection with their conduct of the
arbitration, but it has no authority over the funder (or prospective funder) unless it agrees
to be bound by the
arbitration agreement and the Tribunal's decisions.
The court reasoned that the wording of the
arbitration agreement had not made it clear that the
parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be
to set aside an award based on a procedural violation only if such violation caused substantial prejudice
to the complaining
party.»
It enables the courts of a Contracting State
to refuse recognition and enforcement where the constitution of the arbitral tribunal or the arbitral procedure was not in accordance with the
agreement of the
parties or, in the absence of an
agreement, with the law of the country where the
arbitration took place.
While commercial
parties may turn
to arbitration as the choice dispute resolution mechanism in its transaction document,
parties are advised
to be alive
to the fact that by adopting certain institutional
arbitration rules within the
arbitration agreement and conducting the
arbitration under the auspices of those institutions, they will be taken
to have agreed
to waive their right
to recourse against the award by way of appeal on a question of law in the context of domestic
arbitrations.
The court ultimately rejected this challenge because the arbitral award, though mentioning other
parties who were not bound by the
arbitration agreement, did not make any award in their favour or any determination with respect
to the rights of those
parties.820
Under the Convention, the choice of a place of
arbitration by the
parties is not
to be construed as an
agreement to adopt the procedural rules of that jurisdiction.
Courts have also held that the term «submission
to arbitration» can include an
arbitration agreement modified, amended or supplemented by an arbitral institution's terms of reference agreed
to by the arbitrators and disputing
parties.
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.
Parties have brought successful challenges
to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a
party that was not bound by the
arbitration agreement.
One commentator has suggested that a failure
to comply with the
parties»
agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation
to comply with the mandatory rules of the place of the
arbitration.871 Other authors have argued that it should be assumed that the
parties» intention was
to be bound by an
agreement that is valid at the place of
arbitration, and that the reference
to «
agreement of the
parties» must therefore be understood within the limits of the mandatory rules of the forum.872
An Italian court upheld a challenge where the
parties»
agreement that the tribunal should constitute a specific number of arbitrators was not followed, and noted that the composition of the tribunal would also have been invalid according
to the laws of the place of the
arbitration.886
Courts have also applied article V (1)(c) in the context of multiparty
arbitrations to exclude from enforcement portions of an award which address a
party not bound by the
arbitration agreement, but enforce the award with respect
to the remaining
parties.
A court that rules on an application for recognition and enforcement in reference
to the procedural law of the country where the
arbitration took place, without first ascertaining the existence of a
party agreement, will thus violate the Convention.868
The Court of Appeal of England and Wales considered a challenge
to enforcement under article V (1)(c) on the basis that the award addressed
parties who were not bound by the
arbitration agreement.
Yet,
parties may not immediately be cognisant that in entering into such an
arbitration agreement that adopts the said institutional rules, they may well be taken
to have waived their right
to appeal on questions of law insofar as domestic
arbitrations are concerned.
As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [
arbitration agreement], not whether the award exceeds the scope of the
parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the
parties» pleadings or prayers for relief from the «submission
to arbitration» referred
to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal
to recognize or enforce an award.
The Court confirmed that because collective bargaining
agreements are negotiated and refined over time by the
parties themselves
to reflect their needs, and since arbitrators are chosen by the
parties because of their expertise in the particular business and their trusted judgment
to interpret and apply the
agreement, a court's review of an
arbitration award is «very limited».