Sentences with phrase «setting aside an award of»

56 More recently, the Court in Animal Welfare applied Anchorage Management and Perez in setting aside an award of costs against the principal of a litigant company.

One factor in determining whether to set aside an award of damages is whether the award is out of line with awards in similar cases.

Not exact matches

The Program allows contracting officers, for the first time, to set aside specific contracts for certified WOSBs and EDWOSBs and will help federal agencies achieve the existing statutory goal of five percent of federal contracting dollars being awarded to WOSBs.

Award nominations aside, the success of the 2013 edition has also prompted a 37 percent expansion in exhibition space for 2014 to meet increasing demand from new companies looking to increase their market presence (over a third of confirmed exhibitors, to date, are set to make their show debut in October).

For every contract awarded by Sokoto government, one percent of the total contract sum will be set aside to fund the state's Education Development Trust Fund,...

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.»

This project took a tremendous leap forward when Erie County was awarded $ 2 million in funds by the State Attorney General's Office out of more than $ 12.4 million in grant funding set aside for land banks.

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.

The American Society of Hematology set aside $ 9 million for its first bridge awards this year and gave out 18 awards of $ 100,000 after reviewing 42 applications.

A state may also set aside 10 percent of its federal charter program funds to award to existing charter schools, under certain conditions.

(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.

The Awards aim to challenge the perception of hotel facilities set aside for disabled people, which can often be viewed as joyless, poorly - designed and over-medicalised.

When airlines open a flight for booking — usually around 11 months ahead of time — they set aside a small number of seats for award travelers.

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.»

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 losing party once again filed for the setting aside of the award, this time alleging that the tribunal had not observed the decision of the court rendered during the first setting aside proceedings and, moreover, this led the tribunal to overlook the limitation periods included in Polish law.

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.

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

One United States court observed that the Convention does not «permit reviewing courts to police every procedural ruling made by the arbitrator and to set aside the award if any violation of the -LSB-...] procedures is found.

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.

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such awards.

It is bound by the decision rendered in the setting aside of the award to the same extent that any other tribunal or court would be bound.

It is doubtful, however, that such exclusion of right of recourse extends to the setting aside of an arbitral award under section 48 of the Arbitration Act.

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.

In addition, punitive damage awards may be set aside because of flaws in jury instructions.

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd [1] overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong.

A recent examination of ten years of Swedish court practice shows that 10 % of the challenge procedures resulted in the award being wholly or partially set aside.

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 court referred to Strasbourg jurisprudence to illustrate the fact that the ECtHR was not concerned with «merits» but with «process», and that domestic courts were afforded a margin of appreciation concerning which awards could or should be set aside.

The investors insisted that the High Court did not have jurisdiction to set aside the award under either of these provisions.

As a result of its analysis, the High Court held that the tribunal's award dealt with a dispute not contemplated by and not falling within the terms of the submission to arbitration and therefore set aside the award in its entirety under Article 34 (2)(a)(iii) of the Model Law.

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

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 outcome of an appeal may be an affirmation or reversal of the lower court ruling, a damage award set aside or lowered, or even a re-trial with the lower court.

Following an appeal by Home Hardware the aggravated damages were set aside and the punitive damages were reduced to $ 75,000 however, the notice award and defamation damages in the amount of $ 60,000 were upheld.

Shelbaya agrees that the Egyptian courts adopt a «liberal approach to arbitration», putting in place «stringent criteria» for the setting aside of an arbitral award, as well as routinely recognising and enforcing foreign awards in Egypt.

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.

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.

Essar applied to the High Court under s. 68 of the Act to set aside the award.

The court can't award any part of it to the other spouse, but it could set it aside for spousal maintenance (alimony) or the benefit of minor children.

One case where an award was reportedly set aside for a violation of unique local law is Abnaa Al - Khalaf Co. et al. v Sayed Aghajaved Raza.

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.

The successful challenge of an award results in the award being «set aside.»

In University of British Columbia v. Kelly, 2016 BCCA 271, the Court of Appeal reversed the Supreme Court of British Columbia's decision to set aside the Tribunal's original award.