Примеры использования Arbitral procedure на Английском языке и их переводы на Русский язык
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Colloquial
Topic A,"Rules governing arbitral procedure.
The arbitral procedure was not in accordance with the Model Law.
The following year, the Commission adopted the revised draft on arbitral procedure.
In contrast, the compulsory arbitral procedure provided for in article 58, paragraph 2, was also described as controversial.
It was stated that the objective of restoring the balance of the arbitral procedure was dealt with under paragraph c.
Mr. SEKOLEC(International Trade Law Branch)suggested the wording"… on the basis of provisions of law that may govern the arbitral procedure.
In 1952, the Commission adopted on first reading a draft on arbitral procedure and communicated it to Governments for comments.
He proposed that the beginning of the sentence should be amended to read,"Subject to the mandatory provisions of any laws governing the arbitral procedure.
A European arbitration association also has an expedited arbitral procedure that would allow proceeding on the basis of documentary evidence.
A question was raised whether paragraph(1)should clarify that the legal place of arbitration determined the law applicable to the arbitral procedure and court jurisdiction.
In addition, the compulsory arbitral procedure provided for in article 58, and the provisions of article 60 relating to the validity of an arbitral award, could also give rise to controversy.
It opens with two provisions expressing basic principles that penneate the arbitral procedure governed by the Model Law.
At its first session, in 1949, the Commission selected arbitral procedure as one of the topics for codification to which it gave priority and appointed Georges Scelle as Special Rapporteur.
His delegation therefore supported the proposal made in the Commission to include in the article the grounds for nullity referred to in the Model Rules on Arbitral Procedure.
Thus the court held that the composition of the arbitral tribunal or the arbitral procedure was not defective, nor in any case affected the award.
The arbitral procedure includes the access of the parties to the file and their keys with various tools to interact with the arbitrators and to participate in the conduct of the arbitral proceedings.
The Model Law is designed to assist States in reforming andmodernizing their laws on arbitral procedure so as to take into account the particular features and needs of international commercial arbitration.
During one of the lectures, Olena Perepelynska told about the recognition of the international arbitration awards in Ukraine,in particular about the recent reforms of the procedural law according to which the amendments to the arbitral procedure were introduced.
That would cover all cases,including cases where there was no national law governing the arbitral procedure, while not confusing the issue in cases where such a law did exist.
The arbitral procedure was flexible and could be modified by agreement of the parties; and arbitration could preserve the confidentiality of sensitive information, since hearings need not be public and awards need not be published.
Romania therefore felt that in paragraph 4 of the Notes,the words"fundamental requirements of procedural justice" should be replaced by"Laws governing the arbitral procedure and arbitration rules that the parties may agree upon" A/51/17, para. 15.
In addition, the fact that the text takes account of advances in arbitral procedure, notably by giving greater attention to the principle of equality and to the rights of the defence, is, in our view, a particularly positive development.
Another view was that the"terms" of the agreement could be read more broadly to encompass, for example, the arbitration rules agreed upon by the parties orthe law governing the arbitral procedure to the extent the parties did not agree on any procedural rules.
As was envisaged in most of the conventions which had an optional arbitral procedure, the chairman of the main legal organ of the United Nations, namely, the President of the International Court of Justice, should appoint the arbitrators who had not been designated.
Given the general policy favouring arbitration, and particularly article 8 MAL, the Superior Court concluded that the delay in invoking the arbitration clause andthe steps undertaken in the judicial proceedings did not amount to renunciation of the arbitral procedure.
The place or locus of the arbitration may well have either orboth a law which sets out the arbitral procedure to be followed in that place or in the absence of such clarity a set of civil procedure rules on admissibility of evidence.
As to claims that the arbitral procedure was not in accordance with the Model Law, some decisions seem to require that arbitral awards should be set aside only in case of procedural errors of a certain degree of seriousness, for instance violations of important procedural rules or violations of mandatory provisions.
It follows that, under the Convention, recognition and enforcement of an award, that is not open to attack under paragraph(l)(e),may not be refused if the arbitral procedure, although not in conformity with the law applicable at the place of arbitration, was in fact in accordance with the agreement of the parties.
The Assembly, in resolution 989(X) of 14 December 1955, noting that a number of suggestions for improvements on the drafthad been put forward, invited the Commission to consider the comments of Governments and the discussions in the Sixth Committee in so far as they might contribute further to the value of the draft on arbitral procedure, and to report to the Assembly at its thirteenth session.
As to paragraph 17, it was observed that the phrase"on the basis of the law governing the arbitral procedure" might be misunderstood as excluding the possibility that a case might be governed by provisions other than a national law on arbitral procedure.