Sentences with phrase «reviewing arbitral decisions»

«The Supreme Court is signaling to lower courts that when you're reviewing arbitral decisions you shouldn't so readily interfere with them.

Not exact matches

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.

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 decision establishes new limitations to gaining judicial review of arbitration rulings, a move observers say serves to further reinforce the court's long - standing deference to arbitral awards.

Today arbitral decisions are often characterized as jurisprudence constante, even though contradictory decisionsoccur and calls for a review mechanismare common.

Stolt - Nielsen and this case thus fall on opposite sides of the line that § 10 (a)(4) draws to delimit judicial review of arbitral decisions.

C.A.: appeal allowed; motion for judicial review dismissed; interlocutory arbitral decision dated March 24, 2011 restored.

Quebec Superior Court: motion for judicial review granted; interlocutory arbitral decision dated March 24, 2011 set aside.

Another possibility is that the Sattva decision applies to the review of arbitral decisions and these Ontario Court of Appeal decisions apply to the review of lower court decisions.

In The Dominion of Canada General Insurance Company v. State Farm Mutual Automobile Insurance Company, 2018 ONCA 101, the Court held that the standard of review applicable of SAB arbitral decisions is reasonableness.

These two appeals were heard together because they give rise to the same main issues: the standard of review applicable to insurance arbitral decisions resolving priority disputes arising from the statutory accident benefits regime under the Insurance Act, R.S.O. 1990, c. I. 8, and statutory and contractual interpretation issues affecting the priority question.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

Therefore, the only remedy to overturn the decision of an arbitral tribunal in Newfoundland and Labrador is an application for judicial review.