Sentences with phrase «to set aside the award»

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.
Also, if a court sets aside an award, the underlying arbitration agreement survives.
The court therefore set aside the award on the basis that the tribunal had not been constituted properly.
Since there was no further evidence concerning the impact of the termination on Mr. Lau (something to suggest he experienced anything more than «the normal distress and bad feelings resulting from the loss of employment» (See para. 57)-RRB-, the Court set aside the award for aggravated damages.
Summary: the party sought to set aside the award alleging, among other grounds, that by disregarding evidence presented by the party when interpreting the contract, the tribunal had exceeded its...
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.
[4] «Cutting the Gordian Knot: Enforcing Awards where an Application Has Been Made to Set Aside the Award at the Seat of the Arbitration», Andrew and Keren Tweeddale (2015), 81, The International Journal of Arbitration, Mediation and Dispute Management.
The court, when setting aside the award, found obiter dicta that the wrong address was also present on the notice of arbitration.
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.»
Summary: The appellant sought to set aside an award issued under the ICC Rules and administered by the SCC, alleging, among others, that the arbitration clause was unenforceable.
As for the contention that the judge was required to remedy the alleged Art 6 breach effected by the bias of the arbitrator, by setting aside the award, the Court of Appeal characterised that submission as «misconceived».
[3] In this case (which was decided before the UAE became a signatory to the NYC), the Dubai Court of Cassation set aside an award on the grounds that the arbitrator did not swear in a witness in accordance with Article 41 (2) of the CPC, which outlines the procedure for the swearing in of witnesses in court hearings.
This appeal considered whether the Court of Appeal was wrong to set aside the award made at first instance on the respondent's claim under the Inheritance (Provision for Family and Dependents) Act 1975, and whether, in deciding to re-exercise the court's discretion to make an award under this Act, the Court of Appeal erred in taking account of the factual position as at the date of the appeal rather than the date of the original hearing.
The Court of Appeal set aside the award of $ 1.4 million and analyzed the extent of Dr. Horne's losses to determine the proper quantum of $ 800,000.
The Singapore Courts would not easily set aside an award given its judicial policy of minimal curial intervention.
When choosing the seat, careful consideration should be given to the ability and inclination of the courts of the seat to become involved in the arbitration, including setting aside any award, and whether one can expect a fair hearing before those courts.
Maximov's application for enforcement of the Award centred on the question of whether the Russian judgments setting aside the Award should be recognised.
Even where a party is not permitted to appeal, one can still apply under the Act to have the court set aside the award for reasons related to fairness or procedure, including that:
Sections 24 (a) and 31 (4)(b) of the IAA deal with different situations — section 24 (a) provides that the Singapore High Court may set aside an award if the making of the award was induced or affected by fraud or corruption, while section 31 (4)(b) provides that the Singapore High Court may refuse to enforce a foreign award if such enforcement would be contrary to the public policy of Singapore.
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
Focusing on the current situation in which an award had been set aside by the state courts of the seat of the arbitration, the Netherlands Supreme Court mentioned that a special case may exist if the state courts have set aside an award on national legal grounds that (a) do not correspond with the grounds for refusal listed in Article V (1)(a)- (d) of the New York Convention, and (b) are not in accordance with international standards either.
The investors insisted that the High Court did not have jurisdiction to set aside the award under either of these provisions.
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.
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.
PCH applied to set aside the Award in Hong Kong, being the seat of arbitration.
Since the trial judge did not make an express finding of exceptional circumstances, the Court of Appeal should set aside the award.
The power to set aside an award in whole or in part is to be used sparingly.
Having determined that it had jurisdiction to consider the application, the High Court then went on to assess the various grounds for setting aside the award.
Since the tribunal had issued a «partial final award» dealing with both jurisdiction and the merits, Lesotho could not rely on this provision to set aside the award.
Lesotho sought to set aside the award in its entirety on a number of grounds, which can be summarized as follows:
However, the High Court agreed with Lesotho that it had jurisdiction under Article 34 (2)(a)(iii) of the Model Law to set aside the award.
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.
Alternatively, the court can refuse to set aside the award, which it can do if the party raising the complaint does not have a reasonable explanation for failing to raise the complaint before the arbitrator.
Under Ontario's Arbitration Act (the «Act «-RRB-, for instance, section 37 states that «an award binds the parties, unless it is set aside or varied under section 45 or 46 (appeal, setting aside award).»
When faced with one of the above claims, a court can agree to set aside the award, sever parts of the award that fall outside the scope of the initial arbitration agreement or send the matter back to the arbitrator with directions.
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.
Essar applied to the High Court under s. 68 of the Act to set aside the award.
Commisa subsequently commenced proceedings to enforce the award in New York while simultaneously appealing the Mexican court's judgment to set aside the award.
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.
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.
[3] As a consequence, the English court recognised the Russian courts» decision to set aside the Award and refused to allow its enforcement.
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».
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