(c) An arbitral tribunal

(d) A special arbitral tribunal.

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

keywords arbitral tribunal award award setting aside interim 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.

OSPAR Tribunal Arbitral Award in Mox Plant, p. 1138, para.

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

(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.

keywords arbitral tribunal arbitration clause arbitration agreement arbitration submission to interim award jurisdiction

keywords arbitral tribunal arbitration clause award enforcement of award recognition of court jurisdiction

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

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

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.

(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

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

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 arbitrability arbitral tribunal arbitration agreement arbitration clause award setting aside form of arbitration agreement formal requirements writing

(1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to the provisions of article 17 novies.

The arbitral tribunal provided for in the statutes of association rejected the claimant's application to have the reorganisation overturned.

(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.

(1) The party requesting an interim measure under article 17 (2)(a), (b) and (c) shall satisfy the arbitral tribunal that

(4) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal.

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

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.

The arbitral tribunal had only interpreted individual agreements entered into by the parties and it was not required to give prior notice concerning its reasoning.

On 10 September 2001 the arbitral tribunal issued an interim award ( the Award'), in which the applicants' claims were dismissed and the respondents' counterclaims were granted.

To succeed in this kind of application, the applicant must establish new facts, which were not considered by the arbitral tribunal in coming to its decision .

Contrary to the assertions of both parties, the Association's tribunal was an arbitral tribunal in the sense of 1025 et seq. of the German Code of Civil Procedure (hereinafter ZPO) and not a mere organ of the respondent.

The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

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.

(2) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.

The Commission noted that the Working Group had continued its discussions on a draft text for a revision of article 17 of the Model Law on the power of an arbitral tribunal to grant interim measures of protection, and on a draft provision on the recognition and enforcement of interim measures of protection issued by an arbitral tribunal (for insertion as a new article of the Model Law, tentatively numbered 17 bis).

North Atlantic Coast Fisheries, decision of the arbitral tribunal, RIAA, XI, 167, 181 (7 September 1910) (cited in McNair, supra note 36, at 702 n. 2 Verzijl, supra note 6, at 377).

It contended that the honorary board was not an arbitral tribunal and that there was no valid arbitration agreement pursuant to 1029 ZPO, based on article MAL 7, as a basis for its decision.

(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal's determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case.

The Working Group also had a brief discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal (based on the document A CN.9 WG.II WP.119, para. 83).

The Working Group also commenced discussion on the issue of recognition and enforcement of interim measures ordered by an arbitral tribunal based on a note prepared by the Secretariat (A CN.9 WG.II WP.125).

Resort to arbitral or judicial proceedings

However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.

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.

However, the reasonable possibility of success on the merits of the claim will be assessed differently in view of the different information available to the arbitral tribunal at different stages of the arbitral proceedings, ranging from the early stage where the preliminary order is being applied for until the time when the issuance of the interim measure is discussed inter partes.

(2) With regard to a request for an interim measure under article 17 (2)(d), the requirements in paragraphs (1)(a) and (b) of this article shall apply only to the extent the arbitral tribunal considers appropriate.

(2) The arbitral tribunal may grant a preliminary order provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.