The arbitral tribunal may rule on a plea referred to in paragraph of this article either as a preliminary question or in an award on the merits. |
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Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part. |
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Spurred by the arbitral settlement of the Alabama case, the campaign expanded to other nations, notably Switzerland and France. |
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The jurisdictional powers of the courts and arbitral tribunals are fundamentally different. |
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But if they do, their binding arbitration is just as valid as a binding arbitration before a secular arbitral tribunal enforcing secular law. |
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The arbitral tribunals, and the labour market legislation under which the tribunals operate, greatly facilitate that process. |
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Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction. |
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The arbitral tribunal may therefore have failed to deal properly with the issues but it will not have failed to deal with them. |
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We trust that the courts will not allow the first of these matters to be abused by those intent on disrupting the arbitral process. |
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Facilitators could also be trained and assigned arbitral responsibilities in cases of conflict between stakeholders. |
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Decisions of the arbitral committee contain a statement of the reasons and may be appealed. |
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This body of arbitral jurisprudence is too extensive to thoroughly discuss in this chapter. |
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The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty and international law. |
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Application for setting aside as exclusive recourse against arbitral award. |
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The arbitral tribunal shall give each party an opportunity of substantiating his claims and of presenting his case. |
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Provided that the parties shall have the right to take proceedings in any other jurisdiction for the purposes of enforcing the arbitral award. |
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Commencement of the Proceedings: The arbitral proceeding commences on the date of receipt of the notice to arbitrate the dispute. |
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The UAE has made progress: its courts tend to recognise the decisions of foreign arbitral tribunals. |
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If the organiser has not had an opportunity to defend his application, he may lodge an appeal with the UCI arbitral board. |
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The arbitral tribunal may award such costs and damages at any point during the proceedings. |
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It recognizes the fundamental measures adopted in this area, including the awarding of individual reparations based on arbitral decisions. |
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The reader should consider consulting one of the arbitral institutions identified or others with expertise before finalizing any contract terms. |
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There is no doubt that the court, not the arbitral tribunal, has the competence to determine the court's own jurisdiction in respect of the action that is brought before it. |
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Community pressure remains in practice the only real sanction for enforcing compliance with arbitral awards, or with judgments of the ICJ or other international tribunals. |
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The arbitral tribunal shall be composed of three arbitrators, it being agreed that all three arbitrators shall be appointed by the Stockholm Chamber of Commerce. |
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The court may, on the application of a party to arbitral proceedings, determine any question as to the substantive jurisdiction of the tribunal as a preliminary point. |
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Those rules relate, for example, to agreements whereby parties refer a dispute to arbitration and the recognition and enforcement of arbitral awards. |
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In such a case he is in the same position as a party to arbitral proceedings who challenges an award on the ground that there was no substantive jurisdiction. |
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Arbitration is carried out by the arbitral tribunal which pronounces decisions in its own name. |
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The Second Hague Peace Conference adopted a convention establishing a new court of arbitral justice but could not agree on a procedure for appointing the judges. |
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Under the uniform law an arbitral award cannot be enforced until the competent authority has apposed the enforcement formula to it. |
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The complaints system is code-based while the arbitral system involves the civil law and is governed by the 1996 arbitration act. |
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So far, about half a dozen of the claims have been heard by ICSID arbitral tribunals. |
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It should be noted that in this eventuality, the arbitral award would be binding, even though it would not on any account include penalties. |
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The arbitral tribunal may conciliate the case in the manner it considers appropriate. |
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The inability to foresee what approach courts will take in their review of arbitral awards exacerbates these problems. |
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The decision of the arbitral tribunal shall be final and binding on the parties. |
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In the ordinary course of its business, Lafarge is involved in a certain number of judicial and arbitral proceedings. |
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Such correction in writing shall form a part of the arbitral award. |
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The plaintiff objected that the arbitration clause was not operative, as it appointed the Hong Kong Government to act as the arbitral tribunal in accordance with its provisional rules of procedure. |
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The Secretariat may, with the approval of the Court, issue notes and other documents for the information of the parties and the arbitrators, or as necessary for the proper conduct of the arbitral proceedings. |
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An arbitral award may be enforced only when it can no longer be contested before arbitrators and when an enforcement formula has been apposed to it by the competent authority on the application of the interested party. |
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This document can be provided to the parties by the arbitral tribunal as soon as it has received the file, so that they can discuss and seek to reach agreement on procedures suitable for their case. |
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This is not the same thing as saying that any order that the Tribunal might make prescribing provisional measures will cease to be in force once the arbitral tribunal is constituted. |
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The Court was not considering whether the policy might violate the collective agreement and consequently also did not consider the extensive body of arbitral jurisprudence on random testing. |
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Each Contracting Party shall have the right, in its law, to make provision for and to regulate the provisional enforcement of arbitral awards which are still appealable before arbitrators. |
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It held that an arbitral award could only be set aside for infringement of public policy, if it was contrary to basic legal values, but not merely for the factual incorrectness of the award. |
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However, on rare occasions, arbitral tribunals have taken an expansive approach and compared the treatment of businesses engaged in different economic activities. |
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This submission is, however, subject to the proviso that a commercial arbitral tribunal must not pronounce itself on questions of interpretation of the Convention. |
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Evidence that is independently admissible or discoverable in any arbitral or judicial proceeding shall not be rendered inadmissible or non-discoverable by virtue of its use in mediation proceedings. |
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Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case, having regard to the circumstances of the case. |
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We invited the United Kingdom to desist from organising the operation of the plant until the arbitral tribunal had been constituted, which could have been as early as January 2002 but they refused. |
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The decision of the arbitral board is final and not subject to appeal. |
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Very seldom will the Court refuse to homologate an arbitral decision. |
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The institution of legal dunning procedures does not exclude our right to choose for the option to call upon the arbitral tribunal at the Chamber of Industry and Commerce. |
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The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed. |
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While various views were stated as to whether the arbitral tribunal had an inherent power to change procedural time limits, support was expressed for expressly dealing with that matter in the Rules. |
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In addition, an arbitral panel provides accessibly to individuals, and access to nonredacted statements of case affords a full review of available information. |
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Thus, human rights actors would be advised to monitor and publicize those arbitral rulings which strike a balance between investor security and the rights of persons living in the particular community. |
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Article 287 enumerates these means: The International Tribunal for the Law of the Sea, the International Court of Justice, arbitration and a special arbitral tribunal formed by experts for specified disputes. |
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In 1335 an arbitral award rendered by Charles I of Hungary assigned all Silesia to the Bohemian crown, thus making it part of the Holy Roman Empire. |
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An expert appointed by the arbitral tribunal or jointly by the parties should be given a clear brief and the expert's report should be required by a specified date consistent with the timetable for the arbitration. |
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The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a party, to reopen the hearings at any time before the award is made. |
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If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. |
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The arbitral tribunal shall be composed of three members: one to be chosen by each party and the third, who shall be the chairman of the tribunal, to be chosen by the other two members. |
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The final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. |
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If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within thirty days of receipt of the request. |
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At the request of the parties or if it deems appropriate, the arbitral tribunal may substitute any process permitting the preservation of the entire statements or of their essential elements. |
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It does not constitute a binding arbitral award. |
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This arbitral jurisdiction of the bishop was not recognized in the new Teutonic kingdoms. |
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Each party will nominate an arbitrator and those arbitrators, between them, appoint the third arbitrator who will be the chairman of the arbitral tribunal. |
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Complete with a search function across its entire content, the app will be regularly updated to reflect the shifting landscape of arbitral rules around the world. |
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However, in New York Convention states, arbitral decisions are generally immune unless there is a showing that the arbitrator's decision was irrational or tainted by fraud. |
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