46) Accordingly, the question must be whether, in substance, the effect of the IAA is to confer judicial power on an international arbitral tribunal
This arbitral tribunal
was, as the case was finally formulated, not assigned to decide on the financial consequences of the outcome.
CapMan has completed the tender offer announced in November 2016 and, by a decision of the Arbitral Tribunal
, acquired title to the Norvestia shares subject to the arbitration proceedings, in accordance with Chapter 18, Section 6 of the Limited Liability Companies Act.
For example, in line with this trend the revised 2006 UNCITRAL Model Law on International Commercial Arbitration provides at Article 17 that "Unless otherwise agreed by the parties, the arbitral tribunal
may, at the request of a party, grant interim measures".
On April 25, Messrs Farid and Fadi Saab filed for an injunction with the Paris Arbitral Tribunal
, in order to order that the CBC: (a) immediately ceases all action for the liquidation of the Cyprus branch until a final ruling has been issued by the Cypriot courts, and (b) allows the shareholders full access to the offices, archives, and personnel of FBME's branch," the central bank's statement said.
In Guidelines 4-6 the issue of party representative is treated related to clear identification of the party representatives as soon as possible and if any change occurs, then it should be properly and promptly notified to the other party, the arbitral tribunal
and also arbitral institutions (in case of institutional arbitration, which most of them are).
An arbitral tribunal
has broad authority to admit or exclude evidence, and evidence of questionable value or reliability is often admitted with the caveat that the tribunal will determine what weight, if any, should be given to the evidence.
The Position Paper reiterates its firm standing that the Chinese Government will neither accept nor participate in the arbitration and elaborates at length on the legal basis for its position that the Arbitral Tribunal
does not have jurisdiction over this case.
Each party will nominate an arbitrator and those arbitrators, between them, appoint the third arbitrator who will be the chairman of the arbitral tribunal
that an arbitral tribunal
has competence to order a party to refrain
In a lengthy response to a "memorial" tendered by Philippines Foreign Secretary Albert del Rosario last March 30 before the UN Arbitral Tribunal
concerning overlapping claims of China and Manila over sea territories in the West Philippines Sea (South China Sea), Chinese Embassy Spokesman Zhang Hua clarified certain points on the matter involving the two countries.
The "seat" is often not a function of where the arbitration actually occurs but rather an express choice of the parties, or, failing agreement, a decision of the arbitral tribunal
C, Twenty Grand Marine Service, LLC, Jackson Marine, LLC, Zapata Gulf Marine Operators, LLC v The Bolivarian Republic of Venezuela (Decision on Jurisdiction) (ICSID Arbitral Tribunal
, Case No ARB/10/5, 8 February 2013) ('Tidewater v Venezuela).
The new Law sets out a helpful procedure for the selection of arbitrators where parties cannot agree the constitution of the arbitral tribunal
Case Note on the Appeal Decision rendered on 27th August 2009 by an Appellate Arbitral Tribunal
composed of the Honourable Edward D.