The Proceedings. Prior to rendering their decision, the arbitrators shall afford each of the parties an opportunity, both orally and in writing, to present any relevant evidence and to present arguments in connection with the matter in arbitration; provided, however, that the formal rules of evidence applicable to judicial proceedings shall not apply; and further provided, that any party submitting written materials shall be required to deliver a copy of the same to the other party concurrently with the delivery thereof to the arbitrators, and such other party shall have the opportunity to submit a written reply, a copy of which will be delivered to the other party concurrently with the delivery thereof to the arbitrators. Oral argument shall take place only at a hearing before all of the arbitrators at which all parties are afforded a reasonable opportunity to be present and to be heard. Unless the time is extended by a majority of the arbitrators, they shall submit their determination in writing within sixty (60) days after the third arbitrator is selected, or if only one arbitrator is acting, within sixty (60) days after the single arbitrator becomes empowered to act alone. If there are three arbitrators selected, as provided above, an award in writing signed by any two of them shall be final, conclusive and binding upon the parties. Any award made pursuant to arbitration may be entered as a judgment by any court of competent jurisdiction upon the application of any party to said arbitration.
The Proceedings. The arbitration shall be conducted pursuant to such rules and procedures as the arbitrators may specify that are consistent with the provisions of Section 4.02. The arbitration hearing shall be held no later than 120 days after the appointment of the last arbitrator, unless extended by the mutual agreement of all parties to the arbitration. The rules of evidence shall be observed at the arbitration proceeding. At the arbitrators’ discretion, the arbitrators may require pre-hearing briefs from the parties. Resolution of the dispute shall be based solely upon the evidence presented, and the arbitrators may not consider any other evidence. As reasonably required to allow full use and benefits of this Agreement, the arbitrators may extend the time set for the giving of notices and setting of hearings.
The Proceedings. 1. The course of the proceedings is evidenced by: - the Interim Arbitral Award of 15 December 2011, together with the underlying documents; - Claimant’s Statement After Interim Judgment on Arbitration Panel’s Competence of 10 February 2012; - Defendant’s Statement After Interim Judgment on Arbitration Panel’s Competence of 26 March 2012.
The Proceedings. Brief Overview
The Proceedings. 9.1 Reference is made to the proceedings in the Chancery Division (Intellectual Property) of the High Court of Justice under case number HCO4CO2878 between: 19 TV Limited (“the Claimant”) and FremantleMedia Limited, Xxxxx Xxxxxx and Syco Limited (trading as Syco TV) (together “the Defendants”).
The Proceedings. The Arbitral Tribunal shall organize within fifteen (15) days of the appointment of its President a preliminary meeting with the Parties and / or their counsels to set up the calendar of the proceedings. If this preliminary meeting cannot take place within the above fifteen days, the Arbitral Tribunal shall, within seven (7) days of the expiry of this time-limit, notify to the Parties a procedural order setting up the calendar of the proceedings. The three arbitrators shall render their award within four (4) months from the preliminary meeting or from the notification of the above procedural order. This delay may be extended by mutual agreement of the Parties, or by the President of the Tribunal de Grande Instance of Paris at the request of one of the Parties, or of the Arbitral Tribunal. The arbitration shall take place in Paris. Articles 1492 and seq. of the French Nouveau Code de Procedure Civile relating to international arbitration shall be applicable. The Parties may file their submissions in French or in English. All documents shall be transmitted in the original language if they are in French or in English. The award shall be rendered in French. The Arbitral Tribunal shall apply French law. The award shall be given by a majority decision. The award shall provide for the reasoning underlying the decision. The award shall be sent to the Parties by registered mail. The advance on costs shall be payable in equal shares by both Parties. The final award shall, in addition to dealing with the merits of the case, fix the costs of the arbitration and decide which of the Parties shall bear the costs, or in what proportions the costs shall be borne by the Parties. The award shall be final and binding, the Parties hereby waive their rights to any form of appeal, insofar as such waiver can validly be made.
The Proceedings. The original claims for this inquiry were lodged on 23 June 2015, when negotiations for the TPPA were underway 4 Those negotiations concluded on 5 October 2015 The Tribunal decided to hear the claims in stages 5 Heard under urgency, stage 1 1. Memorandum 3.4.17; doc B17(d), p 86 2. Submission 3.3.44, p 14; submission 3.3.47(a), pp 8, 47; submission 3.3.49, p 2 3. Submission 3.3.48, p 4 4. Claim 1.1.1 5. Memorandum 2.5.6; Waitangi Tribunal, Report on the Trans-Pacific Partnership Agreement (Wellington: Legislation Direct, 2016), p 3