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On 26 September 1987, the Arbitral Tribunal (Tribunal Arbitral de Obras Públicas) decided that it lacked jurisdiction to entertain the complaint.

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The respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

keywords arbitral awards arbitration agreement arbitration agreement validity arbitration clause award setting aside competence jurisdiction kompetenz kompetenz remission of award

The Court exercised its inherent jurisdiction to stay the Builder's Lien action, until completion of the arbitral procedure, considering that a multiplicity of proceedings was not desirable.

arbitral tribunal

In the present case the Court declared admissible, but unfounded on the merits, a setting aside proceedings initiated against an award with which the arbitral tribunal had denied its jurisdiction.

(c) An arbitral tribunal

(d) A special arbitral tribunal.

Resort to arbitral or judicial proceedings

The Court made clear, however, that the possibility of seeking to set aside an award which denied the arbitral tribunal's jurisdiction did not necessarily imply the applicability of one of the grounds contained in 1059 ZPO.

Though the Cologne Court lacked jurisdiction, the filings were sufficient to fulfil the requirement of 1040 (3) ZPO, i.e. to create certainty as to whether or not a party accepted the interim decision on the competence of an arbitral tribunal.

keywords arbitral tribunal award award setting aside interim award

The enforcement court found that the lack of competence of the arbitral tribunal could not be invoked at the time of the recognition of the arbitral award.

Article 17 Power of arbitral tribunal to order interim measures

Article 17 sexies Provision of security by the arbitral tribunal

Represented the Commonwealth Secretariat before the Commonwealth Secretariat Arbitral Tribunal.

(ii) the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with or

The personal jurisdiction (jurisdiction ratione personae) of a court

While the Tribunal has broad jurisdiction over any dispute regarding the interpretation and application of the Convention or any agreement related to the purposes of the Convention, the majority of those cases have been confined to instances in which the jurisdiction of the Tribunal is compulsory the prompt release of vessels and crews and the prescription of provisional measures pending the constitution of an arbitral tribunal.

Jurisdiction

jurisdiction

The subject matter jurisdiction (jurisdiction ratione materiae) of a court

H. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)

The necessity to pursue its own rights before state courts as opposed to arbitration proceedings as a consequence of an arbitral tribunal's denial of jurisdiction might in fact result for the party, who initiated the arbitration proceedings, in higher legal costs and a waste of time.

(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so.

He has been appointed President of an arbitral tribunal in an ICC case.

jurisdiction of States.

Cases by jurisdiction

Jurisdiction Chapter 15

Jurisdiction and Arbitration

It allowed for quality arbitration as well as arbitral proceedings in the general sense.

(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)

The arbitral tribunal may award such costs and damages at any point during the proceedings.

(d) Provision conferring jurisdiction

reconciling conflicts of jurisdiction.

Only a few items stemming from the Arbitral Tribunal's 1999 final award remained to be completed.

The arbitral tribunal may modify, suspend or terminate an interim measure or a preliminary order it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.

Issue 4 Exclusive jurisdiction clauses

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In April 1986, the company filed a suit before the Arbitral Tribunal set out in Law 12.910.