Примеры использования To appoint an arbitrator на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Appointment also may be done on behalf of the party that failed to appoint an arbitrator.
It further alleged that when a party refused to appoint an arbitrator, the dispute could not be referred to arbitration.
The Court found that arbitration would have commenced if andwhen the plaintiff requested the defendant to appoint an arbitrator.
On 23 August 2000, the President was requested by Chile to appoint an arbitrator pursuant to article 3 of Annex VII to the Convention.
The Additional District Court held that therewas no agreement executed between the parties, rejecting Unissi's motion to appoint an arbitrator.
On 22 December 1997, the President was requested by Saint Vincent and the Grenadines to appoint an arbitrator pursuant to article 3 of Annex VII to the Convention.
It was observed that those two paragraphs required careful consideration as they both had the consequence of depriving the parties of the fundamental right to appoint an arbitrator.
It was observed that depriving a party of its right to appoint an arbitrator should only occur as a matter of sanction in case a party or an arbitrator misbehaved.
Pursuant to a dispute resolution clause of a lease agreement, the applicant informed the respondent of its intention to commence arbitration proceedings, and to appoint an arbitrator.
As this had not been the case yet,the Higher Regional Court considered that the application to appoint an arbitrator had been filed before the claimant was entitled to do so.
If the competent person(body)is requested to appoint an arbitrator in accordance with art. 9 or art. 10 of these Regulations, the party making such request shall submit to the competent person body.
It was pointed out that the last sentence of paragraph 53 of document A/CN.9/746/Add.1 was intended to provide examples of exceptional circumstances where a party would be deprived of its right to appoint an arbitrator.
In some national legislation, parties who had settled a dispute are empowered to appoint an arbitrator specifically to issue an award based on the agreement of the parties.
If a party deliberately attempted to delay the settlement of a case,such behaviour constituted sufficient grounds for the appointing authority to deprive it of its right to appoint an arbitrator.
Further, the court noted that, according to article 11(3) and(4) MAL,if the parties were not able to appoint an arbitrator or a panel of arbitrators, then the court would have the power to make the appointment.
The Court thus declared the arbitration agreement void for uncertainty, irrespective of the fact that neither of the two chamberswas actually engaged in arbitration or even willing to appoint an arbitrator.
The Court further clarified that, in the event of a party's failure to appoint an arbitrator, the arbitrator shall be appointed in accordance with the provisions of article 1427, section IV, of the Commercial Code consistent with art. 11(4) MAL.
That proposal was objected to on the grounds that the circumstances in which an appointing authority might proceed directly to appoint an arbitrator might extend to various other circumstances.
The Court rejected the view that the parties' right to appoint an arbitrator would only cease when the Court's decision gained res judicata effect, since the ratio of the one-month time limit set forth in§ 1035(3) ZPO was to prevent dilatory tactics.
If there had been such a request by the plaintiff, the time for appointing an arbitrator under MAL 11(3)(a) would have expired andthe plaintiff would be able to ask the Court to appoint an arbitrator on behalf of the defendant.
When the appointing authority is requested to appoint an arbitrator pursuant to articles 8, 9, 10 or 14, the party making the request shall send to the appointing authority copies of the notice of arbitration and, if it exists, any response to the notice of arbitration.
The respondent's lawyer failed to obtain from the applicants a reply to his request for them to nominate a successor and applied to the court for an order,compelling the applicants to appoint an arbitrator.
For each of these instances where an institution may be called upon under the UNCITRAL Arbitration Rules to appoint an arbitrator, the institution may provide details as to how it would select the arbitrator. .
If the appointing authority refuses to act, or if it fails to appoint an arbitrator within 30 days after it receives a party's request to do so, or fails to act within any other period provided by these Rules, any party may request the Secretary-General of the PCA to designate a substitute appointing authority.
Mr. Loken(United States of America) objected to the example of dilatory conduct on the grounds that depriving a party of such a basic right as its right to appoint an arbitrator should be reserved for truly egregious behaviour.
If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failedto elect the chairman, any of the parties may request the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the arbitration tribunal.
It was suggested that that approach might bear the consequence of depriving parties of the right to appoint their own arbitrator andgive the multiple parties who failed to appoint an arbitrator the ability to cause all arbitrators to be appointed anew by the appointing authority.
The case concerns a motion, under article 11 of the Model Law, to appoint an arbitrator, requested by the plaintiff following the respondent's failure to respond to the request for arbitration and the nomination of arbitrators, in accordance with the arbitration agreement between the parties.
Mr. Loken(United States of America) noted that paragraph 53 already stated that the decision to deprive a party of its right to appoint an arbitrator"should be based on the faulty behaviour of the party" and"should not be subject to defined criteria.