Sentences with phrase «set aside an award based»

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.»

Not exact matches

In a response to Friday's decision, NIH spokesperson John Burklow said NIH doesn't set aside fixed amounts of money for studying adult or embryonic stem cells, but instead makes award decisions based on scientific merit and relevance to NIH's priorities.

(b) After the contractor has been paid 85 percent of the base fee and potential award fee, the Government may withhold further payment of the base fee and award fee until a reserve is set aside in an amount that the Government considers necessary to protect its interest.

If a payment is awarded based on that appraisal, it can be set aside in two ways.

In response to the argument that the trial judge had erred in declining to declare a mistrial the Court of Appeal found, oddly, that to allow a trial judge to ignore the juries findings would come perilously close to setting aside an award on the basis that it was inordinately high, which power is only reserved for the Court of Appeal.

The case concerned arbitral proceedings in which an arbitral award was set aside on the basis of a party being unable to present its case.

Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration award for serious irregularity under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with issues which were put to it.

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.

There is a natural justice risk that an eventual award may be set aside if the losing party could show that the med - arbiter based her decision on confidential (undisclosed) information.

The BC Court of Appeal set aside the reduction of support on the basis the trial judge failed to first determine whether there was a material change of circumstances, and also failed to properly interprete the arbitration award without considering the arbitrator's reasons, the application of the Family Law Act and applicable case law.

In another ground - breaking case, the Singapore High Court has set aside an investor - State arbitral award on the basis that the tribunal exceeded its jurisdiction...

NMLK subsequently sought to set aside the Award on the basis of alleged fraud (an argument raised late in the arbitration) and the failure of two arbitrators to disclose links to expert witnesses who gave evidence in the arbitration.

The court nevertheless refused to set aside the award on the basis that, since interest was due to the claimant, the party ordered to pay interest had suffered no «substantial injustice».

The court therefore set aside the award on the basis that the tribunal had not been constituted properly.

Learned senior counsel submits that if such finding of forgery rendered by the learned arbitrator which amounts to a serious criminal::: Downloaded on - 13/05/2014 23:52:28::: Kvm 42/107 ARBP259.13 charge is not set aside, such award would be a decree of this Court and would be executed by the claimant by filing criminal proceedings against the respondent based on such perverse finding which are without jurisdiction, such award would be thus in conflict with public policy under Section 34 of the Act and even under the narrower ground of public policy while considering the objection to the enforcement of a foreign award as held by the SC in case of Shri Lal Mahal Ltd..

105, 731 S.W. 2d 789 (1987), which states that the party attempting to set aside the award on such a basis bears the burden of proof.