Not exact matches
Last year a sex worker took her boss to the human rights
review tribunal for sexual harassment and was
awarded NZ$ 25,000 (about # 10,000).
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
Para 51 — «the arbitral
tribunal... is itself to choose its seat and consequently the law applicable to the procedure governing judicial
review of the validity of the
award...».
Against this background, the ICC Commission's Task Force of Decisions as to Costs has
reviewed hundreds of arbitral
awards and has analysed in what manner arbitral
tribunals exercise their discretion.
The Supreme Court concluded that the
tribunal's
award was not contrary to the mandatory EU competition rules, and found that it was not necessary to request a preliminary judgment from the ECJ to guide its
review of the matter.
Employment
tribunal award limits are subject to annual
review at which they are linked to the inflation rate.
The Attorney General of Canada applied for judicial
review at the Federal Court regarding the
tribunal's jurisdiction to
award legal costs.
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».
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.
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.
Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral
tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment,
review, appeal, recognition or enforcement of an arbitral
award.
The ECJ decided that because arbitration
tribunals set up through investor - state dispute settlement are not part of the EU judicial system, because such
tribunals may resolve disputes that relate to the application or interpretation of EU law, and because the
awards of the
tribunal are not subject to
review by member state courts, the decisions of these
tribunals are not compatible with EU law.
The
tribunal reviewing an allegation that a nonprevailing party either did not timely pay the
award or deposit a like amount will be composed of an equal number of Directors from each Board, chosen by the respective Board President, which shall select its own Chairperson who will preside but not vote.