Sentences with phrase «which arbitral tribunals»

In 2013, the International Bar Association published its Guidelines on Party Representation in International Arbitration, to which arbitral tribunals may make reference.

As a way to address this issue, this article proposes a «two - options» approach, under which arbitral tribunals order restitution as the first option, and compensation as the second option, enabled when the first option fails.

The point is not to argue that the Court's reasoning and conclusions are incorrect, but to shed light on the ways in which arbitral tribunals have actually «used» EU law, and to show that the Court's understanding (with which most commentators sympathize) that investment arbitration poses a threat to the autonomy of EU law is somewhat inflated.

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.

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

Summary: The respondent in the arbitration challenged a separate award on costs, in which the arbitral tribunal had ordered the respondent to reimburse the claimant for the respondent's part of...

(b) a party applying to Court for relief against a non-party to the arbitration, which an arbitral tribunal has no power over; and

Below are the mean and median costs of 56 arbitrations in which the arbitral tribunal was paid by hourly rate and those of 6 arbitrations in which the arbitral tribunal was paid by reference to an ad valorem fee scale.

Not exact matches

Achmea casts serious doubts on the legality of CETA's investment chapter, which allows investors from one Party to submit to an arbitral tribunal a claim that the other Party has breached an obligation under CETA.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

For example, the Spanish Supreme Court was faced with a challenge by a party claiming that the arbitral tribunal had not taken into account all relevant factors presented to the arbitral tribunal, which would have led to a different result.

For example, the Paris Court of Appeal rejected a challenge to enforcement in which a party argued that the arbitral tribunal had disregarded the «submission to arbitration» by refusing to hold a third hearing following the submission of an expert report.

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration?

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

The Supreme Court of Hong Kong has considered that «there is indeed a duty of good faith which in the circumstances of this case required the defendant to bring -LSB-...] its objections to the formation of this particular arbitral tribunal.

In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the dearbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the deArbitral Tribunal (CSAT), which was a body created and constituted by the defendant.

This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Arbitral tribunal decisions are widely enforceable internationally (including in China and the United States) under a number of conventions, including the New York Convention, of which the UK is a direct contracting party.

The whole system is undermined if disputes could be removed from the EU judicial system by taking them to arbitral tribunals, which do not form part of the EU judicial system and consequently can not ask preliminary questions to the CJEU (paras 50 - 52).

Acting and advising in a challenge to an LMAA arbitral award under 68 of the Arbitration Act, on the grounds that the tribunal had failed in their duty to act fairly and impartially and failed to consider all the issues which were put to it.

Case management, which is standard practice and conducted by the arbitral tribunal that will eventually hear the merits of the case, leads to much efficiency and less gamesmanship by lawyers.

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.

The arbitral tribunal may extend, if necessary, the period of time within which it shall make the award.

Any such intended change in its representation shall only take effect in the arbitration subject to the approval of the arbitral tribunal, which shall have discretion to take such measures as it deems appropriate to preserve the integrity of the proceedings.

An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party, for example and without limitation, to: (a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.

Upon receipt of the expert's report, the arbitral tribunal shall communicate a copy of the report to the parties, which shall be given the opportunity to express, in writing, their opinion on the report.

The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to the respondent's failure to communicate a response to the notice of arbitration, or an incomplete or late response to the notice of arbitration, which shall be finally resolved by the arbitral tribunal.

Where, with the consent of the parties, the arbitral tribunal appoints a secretary, such secretary shall be remunerated at a rate which shall not exceed US$ 200 per hour.

Failing such designation by the parties, the arbitral tribunal shall apply the law which it determines to be appropriate.

The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.

A London arbitral tribunal had previously awarded substantial damages to ship owner Loki Owning Company Ltd, which alleged that HFW's client, Chinese steel company Jiangsu Shagang Group Co Ltd, had guaranteed the performance of a time charter contract.

In the commercial context, if allegations of behaviour which is unlawful (or contrary to public policy) are raised before the arbitral tribunal, it will have to consider the consequences under the applicable law, and may also be required to have regard to the potential impact of the mandatory law and public policy of the arbitral seat and the place of performance of any relevant agreement, as well as transnational public policy.

For example, the Arbitration Act 1996 (which applies where the arbitral seat is in England and Wales or Northern Ireland) provides that an arbitral tribunal may decide all procedural matters, subject to the parties» right to agree any matter.

In addition, the parties can impose specific duties on an arbitral tribunal in their arbitration agreement or in the arbitrators» terms of appointment, which could preclude the use of certain procedural orders or require resolution of the dispute within a certain time period.

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.

Under this procedure, the ICC Secretariat would serve as the custodian of a Sealed Offer which had been rejected and would not disclose it to an arbitral tribunal until after the merits and the quantum of the case had been decided and the tribunal was ready to determine who should bear the costs of the arbitration or in what proportion they should be borne by the parties.

In practice, arbitral tribunals in England and Wales may take guidance from the Rome Convention and Rome I, which stipulate when mandatory laws may prevail over an express choice of law in English court proceedings.

The court will not act unless the applicant has exhausted any available arbitral process, which addresses the failure to comply with the tribunal's order (section 42 (3)-RRB-.

(3) A party who has an objection to the arbitral tribunal's jurisdiction to conduct the arbitration shall make the objection no later than the beginning of the hearing or, if there is no hearing, no later than the first occasion on which the party submits a statement to the tribunal.

18 (1) On a party's request, an arbitral tribunal may make an order for the detention, preservation or inspection of property and documents that are the subject of the arbitration or as to which a question may arise in the arbitration, and may order a party to provide security in that connection.

there was irregularity in the conduct of the proceedings or the award which is admitted by the arbitral tribunal or other institution or person vested by the parties with powers in relation to the proceedings or the award (section 68 (2)(i)-RRB-.

In contrast to China, however, Russia has not issued a «position paper», which could be used by the arbitral tribunals to support a consideration that the letter constitutes a proper jurisdictional objection.

Further, arbitral tribunals may render temporary measures which may be applied for enforcement with the competent courts.»

Section 31 makes it mandatory for an arbitral tribunal to decide a dispute in accordance with law, with which is expressly stated to include specific performance, injunctions and other equitable remedies.

[1] The number of months in parenthesis indicates the duration between the date on which the case file is transmitted to the arbitral tribunal and the date of the final award.

The International Tribunal for the Law of the Sea (ITLOS) has announced (see press release here) that its President has appointed three arbitrators to serve as members of the arbitral tribunal which will hear the dispute between Mauritius and the United Kingdom concerning the «Marine Protected Area» around the Chagos Islands.

In his view, the second letter gave Levicom no advice about how damages were to be measured if they wished to claim them, either because an order for the disposal of the shares (which Linklaters were advising should be sought from the arbitral tribunal) might not be made, or for any other reason.

Reliance is placed on para 51 of the order passed by the learned single Judge which recorded that the interim relief granted to continue till arbitral tribunal at London passes such other order or directions.