Sentences with phrase «tribunals under the dispute»

In two of the new cases (the Bangladesh / Myanmar and the Panama / Guinea Bissau cases), the parties have agreed to refer to ITLOS, disputes which ordinarily were within the jurisdiction of arbitral tribunals under the dispute settlement system of the United Nations Convention on the Law of the Sea.

Not exact matches

Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd - parties, or loss of or fluctuations in heat, light, or air conditioning.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

The arbitral tribunal was convened in 2010 pursuant to the terms of the bilateral investment treaty between Uruguay and Switzerland under the auspices of the International Centre for Settlement of Investment Disputes, in Washington.

Any dispute between one Party and an investor of the other Party relating to the amount or method of payment of the compensation due under article 6 of this Agreement, -LSB-...] may be referred to -LSB-...]: — An arbitral tribunal -LSB-...].»

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

Summary: The arbitral tribunal had dismissed the arbitration under Section 38 of the Swedish Arbitration Act, without deciding the dispute on the merits, on the grounds that the claimant had...

As the result of a settlement before a civil court and the ICSID tribunal (ICSID stands for International Centre for Settlement of Investment Disputes and is a branch of the World Bank) that seized under the Energy Charter Treaty, the German authorities in question had even further watered down the environmental restrictions imposed under the 2008 water use permit.

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.

First, it should have asked for the dispute to be moved from the WTO to a NAFTA tribunal, arguing it was a more suitable venue under a forum non conveniens rationale.

Such a ruling would also allow or even compel Investment Tribunals in intra-EU disputes and national courts seized of enforcement proceedings to save from the rule in Achmea any Treaty text that does not explicitly refer to the application of domestic and / or EU Law, and thus undermine any legal certainty that may be thought to have been established in the settlement of disputes under intra-EU BITs.

We regularly represent clients in the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, Boards of Contract Appeals, agency hearings, arbitration panels and various state or local tribunals in connection with claims and performance disputes, bid protests, SBA size and status protests and civil fraud under the False Claims Act and Anti-Kickback Act.

We have an expertise and regularly appear in cases involving rights and liabilities under the Landlord and Tenant Act 1985, and we are as at home rolling our sleeves up to deal with complex factual disputes in the FTT as we are in higher Courts and Tribunals.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

To do that it would need to show that the dispute it has submitted to the arbitral tribunal falls outside China's exclusion of jurisdiction under Art. 298 (1)(a).

The award was rendered in a dispute over a loan agreement, where the tribunal awarded the Lithuanian claimant the outstanding amount owed under agreement by the Belarussian respondent.

In a unanimous decision, the tribunal - which had been constituted under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules (the Additional Facility)- ruled that it lacked jurisdiction over NSPI's claims because NSPI was not an «investor» who had made a qualifying «investment» in Venezuela as called for by the Canada - Venezuela Bilateral Investment Treaty (Canada - Venezuela Treaty).

We have extensive experience in complex cross-jurisdictional disputes and our lawyers have represented clients in arbitrations under all the major international rules (ICC, LMAA, LCIA, UNCITRAL, SIAC, CIETAC and HIAC), as well as before commodity trade tribunals (including LME, GAFTA and FOSFA).

On April 4, 2016, a tribunal constituted under the Additional Facility to the World Bank's International Centre for Settlement of Investment Disputes (ICSID) upheld Crystallex's claims that Venezuela failed to accord fair and equitable treatment to the Vancouver - based company's investment in the Las Cristinas mining project and unlawfully expropriated the company's investments without compensation.

Representing Italy in a dispute with India before the International Tribunal for the Law of the Sea and an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea concerning which of them has criminal jurisdiction over two Italian marines accused of wrongdoing off the coast of India.

In his international and domestic arbitration practice, David has served as an arbitrator or tribunal chairman in many complex cases, multi-party international and domestic arbitrations including ad hoc arbitrations and those under the major international arbitration institutions including the American Arbitration Association, the International Center for Dispute Resolution, the London Court of International Arbitration and the International Chamber of Commerce.

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

However, BITs also contain compromissory clauses by which disputes concerning the interpretation or application of disputes under these treaties can be brought before arbitral tribunals established under the BIT.

Since the 4 parties could not resolve their disputes amicably, the same were referred to the arbitral tribunal under clause 34.3 of the PSC.