Sentences with phrase «set aside the award on»

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.

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.

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.

Not exact matches

The judge also awarded the sum of N100, 000 in favour of each appellant in the matter, saying, «the proceedings and other decisions taken on May 21, 2016 at the National Convention are hereby set aside.»

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.

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

To set aside this setback, it is important to evolve mechanisms where reforestation can award an ROI (Return On Investment), albeit at patient capital Internal Rates of Return (IRRs).

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.»

A domestic award may be set aside on grounds similar to Article 34 of the Model Law or it may be appealed on a point of law.

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.

First, the question of the relationship between the decision of the court in setting aside proceedings and its impact on the arbitration commenced after the setting aside of the award.

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.

Lesotho sought to set aside the award in its entirety on a number of grounds, which can be summarized as follows:

The application before the High Court was the first in which a party requested the Singapore courts to set aside an investor - State arbitral award on the merits.

The Court of Appeal's Sanum judgment had also involved a set aside application, but concerned a preliminary award on jurisdiction only.

In terms of procedure, Lesotho applied for the award to be set aside either under § 10 (3) of the Singapore International Arbitration Act (the «IAA») or, in the alternative, under Article 34 (2)(a)(iii) of the UNCITRAL Model Law on Commercial Arbitration (the «Model Law»), which is incorporated into Singapore law by virtue of § 3 (1) of the IAA.

Kazakhstan therefore turned to Svea Court of Appeal in Stockholm in order to attempt to have the award set aside (we have written before on how domestic courts exercise supervisory jurisdiction in ISDS).

The Court of Appeal allows the appeal on the second ground (finding it unnecessary to «deal with» palpable and overriding error (See para. 3)-RRB-, sets aside the award for aggravated damages.

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.

For the purposes of section 103 (5), an «adjournment» means a pause on the English court's decision on enforcement while an application for setting aside or suspension of the award is pending before the court of the country in, or under the law of which, the award was made.

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...

[8] In this case it was reported that the Supreme Qatari Court upheld a decision to set aside an arbitral award on grounds other than those listed in the NYC.

An ICC award won by the Middle Eastern branch of Audi Volkswagen has been set aside in Paris on the grounds of a German arbitrator's non-disclosure — with the court dismissing a suggestion that a legal directory had incorrectly represented his firm's work for an affiliate car company, Porsche.

It found that it was common ground between the experts that under applicable Russian arbitration law at least one valid ground to set aside the award had been present, which related to the obligations on the arbitrators to disclose certain potential conflicts of interest.

If the award is subject to an action for setting aside in the country in which, or under the law of which, it is made («the country of origin»), the foreign court before which enforcement of the award is sought may adjourn its decision on enforcement (Article VI).

In a decision recently posted on the Swedish Arbitration Portal a party sought to set aside an award alleging, among others, that by disregarding evidence the tribunal exceeded its mandate and incurred in a procedural error

(a) The Defendant (the «KRG») applied on 3 July 2017 to set aside the Order of this Court made ex parte on 29 May 2017 by which it recognised and, subject to its terms, enforced two arbitration awards made in London under the auspices of the LCIA and permitted alternative service of the order made and other documents on the KRG's London solicitors who had acted for them in the arbitration.

With respect to (4) and (5), the ONCA set aside the motion judge's lump sum spousal support order, without prejudice to the mother's right to bring another motion for lump sum support, noting that the motions judge's analysis on this issue was lacking and that his approach supported the conclusion that the underlying purpose of his lump sum spousal support award was merely to convert the mother's unpaid equalization payment into lump sum spousal support following the father's bankruptcy.

In a recently published decision, the Supreme Court set aside an arbitral award on the grounds that the arbitral tribunal had wrongly accepted jurisdiction.

This applies only to circumstances where the parties reside in different provinces or if the proposed decision to refuse enforcement or set aside a domestic arbitral award is made on the ground of «violating the public interests».

Maximov's application for enforcement of the Award centred on the question of whether the Russian judgments setting aside the Award should be recognised.

The Moscow Arbitrazh Court («Moscow Court «-RRB- set aside the Award in June 2011 on the pleaded grounds of the arbitrators» non-disclosure relating to the expert witnesses as well as on the separate grounds of public policy and non-arbitrability (the latter two both being grounds not relied on by NMLK in the set aside application).

The judge subsequently explored whether the three grounds relied on by the Moscow Court to set aside the Award were «so wrong as to be evidence of bias».

In other words, under Singapore law, while a party that wishes to challenge the tribunal's decision on its own jurisdiction has a choice of electing between the active remedy under Art 16 (3) of the Model Law and the passive remedy of resisting enforcement, such a party does not have a choice of electing between the active remedy under Art 16 (3) of the Model Law and the active remedy of setting aside the award under Art 34 (2)(iii) of the Model Law.

The use of the word may gives the enforcing court a discretion as to whether to refuse to enforce an award that has been set aside and there is little consensus internationally on the approach to be adopted.

On a successful challenge under section 68, the court can remit the award to the tribunal for reconsideration, set aside the award, or declare the award to be of no effect either in whole or in part.

A Richmond Circuit Court sets aside a $ 250,000 jury award for plaintiff in her suit against defendant Chesterfield County police officer on a claim of malicious prosecution; applying a 2011 Virginia Supreme Court case, the court says defendant officer investigated...

Section 46 (d) provides that where the court is satisfied that an application for the setting aside or for the suspension of the award has been made to a competent authority referred to in subsection (b) of section 46, the court may, if it considers proper to do so, postpone the order to enforce the award and may also order the respondent to provide appropriate security on the application of the party claiming enforcement of the award.

On appeal, the order was set aside as the husband could not be considered an «insurer against all hazards», however the appeal court also considered that the wife's financial predicament could be attributed to «misfortune rather than mismanagement» and invited written submissions as to the «territory between the extremes» of an outright dismissal of the wife's claim and the substantial sum awarded at first instance.

The Ontario Superior Court confirmed the established legal principle that a court has no power to award the costs of a disciplinary hearing where the hearing panel's decision is set aside on a judicial review.

Drawing on Whiten v. Pilot Insurance Co., 2002 SCC 18, if an award of punitive damages, together with the compensatory damages awarded, «produces a total sum that is so «inordinately large» that it exceeds what is «rationally» required to punish the defendant, it will be reduced or set aside on appeal».

Advised a European state on whether an LCIA award can be set aside on account of alleged failures to take into account EU law.

[62] Putting the test the other way around, «if the award of punitive damages when added to compensatory damages, produces a total sum that is so «inordinately large» that it exceeds what is «rationally» required to punish the defendant, it will be reduced or set aside on appeal,»: see Whiten, at para. 109.

However, on appeal in October 2015, the Court set aside the contempt finding as there was no outstanding order at the time to be the subject of contempt, ordered another access review to be held by February 2016, and reduced the costs award to $ 200,000.

On 29th April, 2013 the respondent lodged Arbitration Petition No. 406 of 2013 against the claimant in this court under section 34 and 12 of the Arbitration and Conciliation Act, 1996 inter alia praying for setting aside the partial award dated 7th December, 2009 and partial final award dated 30th January, 2013 issued by the learned sole arbitrator and also applied for declaration that both these awards were null and void and of no effect.

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..