Sentences with phrase «party to the arbitration agreement»

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

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.»

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.

«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.

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.

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.

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;

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).

Section 7 (1) of the Ontario Arbitrations Act, 1991 (the Act), provides that, subject to certain exceptions, if a party to an arbitration agreement commences a proceeding in respect of a matter to be submitted to arbitration, the court shall stay the action.