Search results with tag "Arbitral"
Interim Reliefs in Arbitral Proceedings - Nishith Desai
www.nishithdesai.comof arbitral proceedings3 and during the arbitral proceedings but also post the arbitral award has been rendered (but prior to its enforcement). The Amendment Act 2015 has introduced certain changes to the provisions on interim reliefs with respect to kind of reliefs available and …
Sentença Arbitral
direito.ufes.brSentença arbitral é o comando privado emitido por árbitro ou tribunal arbitral constituído legitimamente e com jurisdição para prolação da decisão. O artigo 29 da Lei de arbitragem ("LA") optou por dar um sentido finalístico ao conceito de sentença arbitral: depois de proferida a sentença pelo árbitro, estaria exaurida a arbitragem.
Interim Reliefs in Arbitral Proceedings
www.nishithdesai.comof arbitral proceedings3 and during the arbitral proceedings but also post the arbitral award has been rendered (but prior to its enforcement). The Amendment Act 2015 has introduced certain changes to the provisions on interim reliefs with respect to kind of reliefs available and the time-frame for seeking such reliefs
Paged Arbitration Act No. 4 of 1995 - Kenya Law Reports
www.kenyalaw.org“arbitral award” means any award of an arbitral tribunal and includes an interim arbitral award; “arbitral tribunal” means a sole arbitrator or a panel of arbitrators; “party” means a party to an arbitration agreement and includes a person claiming through or under a party. (2) An arbitration is domestic if the arbitration agreement ...
2021 International Arbitration Survey: Adapting ...
arbitration.qmul.ac.ukarbitral awards’ are the key adaptations that would make other arbitral seats more attractive. The UNCITRAL Arbitration Rules are the most popular regime for ad hoc arbitration. The five most preferred arbitral institutions are the ICC, SIAC, HKIAC, LCIA and …
REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL …
legal.un.orgARBITRAL AWARDS RECUEIL DES SENTENCES ARBITRALES Island of Palmas case (Netherlands, USA) 4 April 1928 VOLUME II pp. 829-871 NATIONS UNIES - UNITED NATIONS ... 1925, the Ministry of Foreign Affairs of Her Majesty the Queen of the Netherlands and the Minister of the United States of America at The Hague asked the undersigned, Max Huber, of …
THE ARBITRATION AND CONCILIATION ACT, 1996
www.arbitrationindia.com87. Effect of arbitral and related court proceedings commenced prior to 23rd October, 2015. 43 THE FIRST SCHEDULE Convention on the Recognition and Enforcement of Foreign Arbitral Awards 43 THE SECOND SCHEDULE Protocol on Arbitration Clauses 47 THE THIRD SCHEDULE Convention on the Execution of Foreign Arbitral Awards 48 THE FOURTH …
UNCITRAL Rules on Transparency in Treaty-based Investor ...
uncitral.un.orgdecisions and awards of the arbitral tribunal. 2. Subject to article 7, expert reports and witness statements, exclusive of the exhibits thereto, shall be made available to the public, upon request by any person to the arbitral tribunal. 3. Subject to article 7, the arbitral tribunal may decide, on
Enforcement of Arbitral Awards and Decrees in India
www.nishithdesai.com4. conditions for enforcement of arbitral awards – domestic and foreign 05 5. stamping and registration requirements of awards – domestic and foreign 06 6. enforcement of arbitral awards: appropriate forum & limitation 07 7. how courts examine awards 09 execution of decrees in india 09 8. enforcement of domestic decrees in india:
Enforcing Arbitration Awards in California
www.gibsondunn.comChapter 2 of the FAA governs the enforcement of arbitral awards rendered pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) (9 U.S.C. §§ 201–208). To enforce an arbitral award under the Enforcing Arbitration Awards in California
Enforcement of Arbitral Awards and Decrees in India
www.nishithdesai.comIndia is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“New York Convention”) as well as the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927 (“Geneva Convention”). If a party receives a …
CAS Media Release - Tribunal Arbitral du Sport / Court of ...
www.tas-cas.orgTribunal Arbitral du Sport Court of Arbitration for Sport MEDIA RELEASE ANTI-DOPING – SOCHI 2014 THE COURT OF ARBITRATION FOR SPORT (CAS) DELIVERS ITS DECISIONS IN THE MATTER OF 39 RUSSIAN ATHLETES V/ THE IOC: 28 APPEALS UPHELD, 11 PARTIALLY UPHELD Lausanne, 1 February 2018 – The Court of Arbitration for Sport (CAS) has delivered its decisions ...
INTERIM ARBITRAL AWARD COURT OF ARBITRATION FOR …
www.tas-cas.orgCAS 2014/A/3759 Dutee Chand v. Athletics Federation of India (AFI) & The International Association of Athletics Federations (IAAF) INTERIM ARBITRAL AWARD
The Federal Arbitration Act (USA)
sccinstitute.comSection 304. Recognition and enforcement of foreign arbitral decisions and awards; reciprocity Section 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 Section 306. Applicable rules of Inter-American Commercial Arbitration Commission
Tribunal Arbitral du Sport Court of Arbitration for Sport
www.tas-cas.orgTribunal Arbitral du Sport Court of Arbitration for Sport COURT OF ARBITRATION FOR SPORT (CAS) Ad Hoc Division – XXIII Olympic Winter Games in Pyeongchang CAS OG 18/03 Alexander Legkov, Maxim Vylegzhanin, Evgeniy Belov, Alexander
RECOGNITION AND ENFORCEMENT OF FOREIGN …
www.justice.gov.zaRECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS ACT 40 OF 1977 (English text signed by the State President) ACT To provide for the recognition and enforcement of foreign arbitral awards and
PCA Case Nº 2013-19 IN THE MATTER OF THE SOUTH CHINA …
www.pcacases.comAN ARBITRAL TRIBUNAL CONSTITUTED UNDER ANNEX VII TO THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA - between - THE REPUBLIC OF THE PHILIPPINES - and - THE PEOPLE’S REPUBLIC OF CHINA _____ AWARD _____ Arbitral Tribunal: Judge Thomas A. Mensah (Presiding Arbitrator) Judge Jean-Pierre Cot Judge …
REPORTS OF INTERNATIONAL ARBITRAL AWARDS RECUEIL …
legal.un.orgTRAIL SMELTER ARBITRAL TRIBUNAL. DECISION REPORTED ON APRIL 16, 1938, TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND TO THE GOVERNMENT OF THE DOMINION OF CANADA UNDER THE CONVENTION SIGNED APRIL 15, 1935. This Tribunal is constituted under, and its powers are derived from and
THE ARBITRATION LAW OF INDIA: A CRITICAL ANALYSIS A. …
kaplegal.comawards and enforcement. Part II, on the other hand, is largely restricted to enforcement of foreign awards governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards5 or the Convention on the Execution of Foreign Arbitral Awards.6 Part II is thus, (by its very nature) not a complete code.
Arbitration in South Africa - Webber Wentzel
www.webberwentzel.comIAA 2017. It provides for the recognition and enforcement of arbitration agreements and foreign arbitral awards in accordance with the New York Convention, and it repeals the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977. It also amends the Protection of Businesses Act 99 of 1978 (PBA 1978) to ensure that the
Arbitration and Conciliation - Ministry of Law & Justice | GoI
lawmin.gov.inarbitration is outside India, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of Part Il of this Act.". 3. In section 7 of the principal Act, in sub-section (4), in clause (b), after the words "or ... passes an order for any interim measure of protection under sub-section (l), the
The Arbitration and Conciliation Act, 1996 - WIPO
www.wipo.int31. Form and contents of arbitral award 32. Termination of proceedings 33. Correction and interpretation of award; additional award CHAPTER VII
INTERNATIONAL DISPUTE RESOLUTION PROCEDURES
www.adr.orgA dispute can be submitted to an arbitral tribunal for a final and binding decision . In ICDR arbitration, each party is given the opportunity to make a case presentation following the process provided by these Rules and the tribunal . Parties can provide for arbitration of future disputes by inserting the following clause into their contracts:
The Federal Arbitration Act (USA)
www.sccinstitute.com2(10) Chapter 2. Convention on the Recognition and Enforcement of Foreign Arbitral Awards Section 201. Enforcement of Convention Section 202. Agreement or award falling under the Convention
21 english - The New York Convention
www.newyorkconvention.organy interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award
Law of Damages in India - Nishith Desai
nishithdesai.comcontracts, arbitral proceedings, sale of goods, consumer law, intellectual property rights (copyrights, trademarks and patents) and Engineering, procurement and construction contracts (also known as EPC contracts). 5. thHalsbury’s Laws of England, Damages, vol 12 (4 edn) para 815 as cited in R.G Padia (ed.), Pollock and Mulla Indian
Challenge to an arbitral award Booklet new
www.cyrilshroff.comThis booklet has been updated till March 31, 2021. This publication is not intended to be used as the basis for trading in the shares of any ... Challenge to an award by way of a writ petition 39 CC. Challenge to an interim award 40 DD. The eect of a moratorium under the Insolvency and 40
Arbitrator Independence and Impartiality: Examining …
www.iisd.orgArbitrator Independence and Impartiality: Examining the dual role of arbitrator and counsel 1 1.0 Introduction A common1 aspect of most international investment agreements (IIAs) is that they permit foreign investors to bring legal claims directly against host States before international arbitral tribunals.
Tema 4 Principios de organización y actuación de la ...
pagina.jccm.esactividad de limitación, arbitral, de servicio público y de fomento. Reservados todos los derechos. No está permitida la reproducción total o parcial en ningún tipo de soporte, sin permiso previo y por escrito del titular del copyright ©: Junta de Comunidades de Castilla-La Mancha. Consejería de …
DRAFTING AND INTERPRETING GOVERNING LAW AND …
www.mcnairchambers.comenforceability of awards - the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which has 149 parties, requires the courts of contracting states to enforce arbitration agreements and to recognise and enforce arbitration awards made in other contracting states;
CAMBODIAN LABOR AND EMPLOYMENT LAW - KhmerLex
khmerlex.comalso a number of governmental regulations such as royal decrees, sub-decrees, prakas, decisions, circulars, and notice8 issued by the Royal Government of Cambodia, and par-ticularly by the Ministry of Labor and Vocational Training. Additionally, there are labor arbitral awards and other related laws in force such as Decree 38 on Contract and Other
Analysis of Section 34 of the Arbitration and Conciliation ...
www.manupatra.comalso delves into the finality of arbitral awards and in what cases it may be set aside as in cases of public policy. Introduction Settling a dispute by referring it to a third person was well known in ancient and medieval India. If any of the parties to the dispute was not satisfied with the decision, he could go on an appeal to the Court of
Convention on the Recognition and Enforcement of Foreign ...
www.uncitral.orgUNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) UNITED NATIONS
UNCITRAL Model Law on International Commercial Arbitration
uncitral.un.orgon the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958,2 is particularly timely, 1. Expresses its appreciation to the United Nations Commission on Interna-tional Trade Law for formulating and adopting the revised articles of its Model Law
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL …
main.sci.gov.inthe Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 [“New York Convention”] applies, can be said to be a “foreign award” under Part II of the Arbitration and Conciliation Act, 1996 [“Arbitration Act”] and be enforceable as such. Factual Background 3.1.
Client Alert - ベーカー&マッケンジー法律事務所
www.bakermckenzie.co.jp"arbitral institution" )とは、仲裁を管理する機関のこと です。仲裁地と仲裁機関は異なる概念ですので、当事者としては、ある法域 の仲裁地を選択しつつ、別の法域に存在する仲裁機関を選択することもでき ます。 仲裁地を選択する際に考慮すべき点
ICSID CONVENTION, REGULATIONS AND RULES
icsid.worldbank.orgpower to authenticate arbitral awards rendered pursuant to this Con-vention, and to certify copies thereof. Section 4 The Panels Article 12 The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified persons,designated as hereinafter provided,who are willing to serve thereon. Article 13
Rules of Arbitration
www.icaindia.co.inenforcement of foreign arbitral agreement and awards virtually all over the world. International arbitration today is an important tool of the international business community and serves to resolve a wide variety of transnational commercial dispute.
BOMGAR WAIVER AGREEMENT3 - Apple
images.apple.comin arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL …
main.sci.gov.inarbitral award. 3. Ordinarily, we would have applied the said judgment to this case as well. However, we find that the impugned Division Bench judgment dated 10-4-2013 [Union of India v. Varindera Constructions Ltd., 2013 SCC OnLine Del 6511] has dismissed the appeal filed by the Union of India on the ground of delay. The delay was found
The UNCITRAL Arbitration Rules
1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.comConvention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention), the UNCITRAL Arbitration Rules 1976 and the UNCITRAL Model Law on International Commercial Arbitration 1985 (with amendments as adopted in 2006) (Model Law) are three of the most important legal instruments to have assisted the worldwide ...
UNCITRAL Secretariat Guide on the Convention on the ...
newyorkconvention1958.org1. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) is one of the most important and successful United Nations treaties in the area of international trade law. Although the Convention, adopted by diplomatic conference on 10 June
UNCITRAL 2012 Digest of Case Law on the Model Law on ...
uncitral.un.orgForeign Arbitral Awards (New York, 1958)3 (“the 1958 New York Convention”). The revision of article 7 is intended to address evolving practice in international trade and technological developments. The extensive revision of article 17 on interim measures was considered neces-
Convention on the Recognition and Enforcement of Foreign ...
uncitral.un.orgUNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New …
THE ARBITRATION AND CONCILIATION ACT, 1996 …
www.indiacode.nic.in7 (7) An arbitral award made under this Part shall be considered as a domestic award.(8) Where this Part— (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause ...
Arbitration and Conciliation Act - Permanent Court of ...
docs.pca-cpa.orgConvention on Recognition and Enforcement of Foreign Arbitral Awards June 10, 1958 Third Schedule Conciliation Rules Arbitration and Conciliation Act Chapter 19 Laws of the Federation of Nigeria 1990 [14th March, 1998] An Act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by
ARBITRAL JURISDICTION IN THE UNITED STATES: WHO …
www.williamwpark.comARBITRAL JURISDICTION IN THE UNITED STATES: WHO DECIDES WHAT? [2008] Int. A.L.R. 35. claims), imposed by the legal system asked to enforce the arbitration agreement or the resulting award.
ARBITRAL AWARD COURT OF ARBITRATION FOR …
www.tas-cas.orgCAS 2017/O/5039 International Association of Athletics Federation (IAAF) v. Russian Athletic Federation (RUSAF) & Anna Pyatykh ARBITRAL AWARD
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