Considerations of the Tribunal Sample Clauses

Considerations of the Tribunal. It is undisputed that Xx. Xxxxxx has withdrawn as a co-claimant in this arbitration, as first made known to the Tribunal by Claimants’ counsel letter dated 26 March 2019 and reiterated further in the various communications mentioned in the preceding paragraphs. It is also undisputed that Xx. Xxxxxx has undertaken the payment of any adverse cost award in its entirety as reflected in Claimants’ counsel letter dated 29 March 2019.
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Considerations of the Tribunal. 13. The Tribunal recalls that the issue of the bankruptcy of Xx. Xxxxxx was presented to the Tribunal on 26 March 2019, shortly before the oral hearing on jurisdiction and the merits. The Tribunal further recalls that such issue was known or should have been known by Xx. Xxxxxx and the Claimant long before the hearing and very early in this arbitration. 14. On 26 March 2019, and as a result of the aforesaid bankruptcy, Xx. Xxxxxx withdrew as a party from this arbitration and was later presented in the hearing as a witness but not a claimant. The hearing, Procedural Order No. 14 and the questions therein submitted by the Tribunal were based on the premise that Xx. Xxxxxx was still in bankruptcy and was not a party to this arbitration. 15. It is true that in the hearing Claimant referred to the eventuality of the termination of the bankruptcy of Xx. Xxxxxx. However, it was Claimant who created the issue by their delayed submission of information on such bankruptcy to the Tribunal. If Claimant had information or evidence on the bankruptcy of Xx. Xxxxxx during the hearings or thereafter and intended to submit such information and evidence in the post-hearing briefs, it was for Claimant to perform the necessary due diligence to properly and timely inform Respondent and the Tribunal about the progress of the bankruptcy and particularly the application to obtain the Bankruptcy Order and the issuance of the Bankruptcy Order. Claimant cannot refrain from disclosing information that it had before the submission of the Objection by Respondent and then claim that it was for Respondent to have found such evidence or to have guessed the possible allegations of Claimant regarding the Bankruptcy Order. 16. Respondent submitted its Objection based on the evidence in the record and the allegations of Claimant up to the end of the hearing and responded to the specific questions of the Tribunal in Procedural Order No. 14, which were also based on such evidence and evidential record. Therefore, if Claimant simply intends to submit the Bankruptcy Order but no other evidence or new allegations related thereto, the present calendar for post-hearing briefs could be maintained. However, if Claimant intends to present further additional evidence or new allegations based totally or partially on the Bankruptcy Order or other documents related thereto, the calendar would have to be amended so that Claimant submits such evidence and allegations in the first place to allow Respondent to ...
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Considerations of the Tribunal. 5. From the Parties’ submissions, the Tribunal understands that the Parties basically agree that: a. Claimant may be allowed to present new evidence with respect to the bankruptcy order dated 29 May 2019, issued by the Judge for the United States Bankruptcy Court for the Southern District of Florida and related to Xx. Xxxxxx (“Bankruptcy Order”). Therefore, with respect to the Bankruptcy Order Claimant may present documents related thereto that are not in the record of this arbitration and that have not been previously produced in this arbitration, together with expert reports and any legal authority related to the Bankruptcy Order. b. With respect to the alleged de facto control by Xx. Xxxxxx (“De Facto Control”) and the alleged transfer of shares from Xx. Xxxxxx and Xx. Xxxxxx to Xx. Xxxxxx, (“Share Transfer”) the Parties agree that Claimant’s submission of 15 August 2019 may address these two issues and may introduce as evidence documents previously produced in this arbitration but not yet in the record, as well as expert reports based on the evidentiary record existing at the time Procedural Order No. 14 was issued. c. The Parties also agree that after the 15 August 2019 submission by Claimant, Respondent will have the right to amend its jurisdictional objection to address the Bankruptcy Order, the De Facto Control and the Share Transfer issues and that thereafter Claimant will have the right to respond to the amended jurisdictional objection. 6. The Parties differ, however, on the timing for the submission of the amended jurisdictional objection. Claimant considers that Respondent shoud be granted a term of four weeks to present the amended jurisdictional objection. Respondent considers that it needs eight weeks to submit the amended jurisdictional objection. Respondent’s position is that it may require an additional expert report to respond to Claimant’s submission of 15 August 2019 and the four-week deadline proposed by Claimant is not enough to carry out all necessary activities to get an expert report and prepare the corresponding submission. Respondent further notes that the Tribunal granted Claimant a nine-week deadline to reply to Respondent’s objection on jurisdiction, which is an indication that eight weeks are reasonable in this case. Respondent also stressed on the fact that it is not possible to start preparing an expert report before 15 August 2019. 7. The Tribunal agrees with Respondent on the proposed timeline. First, Claimant had nine ...
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Considerations of the Tribunal. The Preliminary Issue for the Tribunal to decide is discrete and specific: whether on the date on which the Claimant initiated these arbitration proceedings an alternative procedure was “available” under the ICSID Additional Facility, within the meaning of Article XII(4) of the Treaty. If the Tribunal finds that such option was available to the Claimant then the Tribunal would not be entitled to exercise jurisdiction and the Claimant would have to be redirected to the proper forum. If, however, the Tribunal was to conclude that no alternative procedure was available under the ICSID Additional Facility, then this Tribunal could exercise jurisdiction under Article XII(4), subject to any other jurisdictional objections that might arise.
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Related to Considerations of the Tribunal

  • Actions of the Parties Except as otherwise provided in this Agreement, whenever this Agreement calls for or permits a party's approval, consent, or waiver, the written approval, consent, or waiver of the Agency's Executive Director and the City's City Manager (or their respective designees) shall constitute the approval, consent, or waiver of the Agency and the City, respectively, without further authorization required from the governing board of the party; provided, however, that the person vested with such authority may seek such further advice or authorization from the applicable governing board when she/he deems it appropriate.

  • Actions of the Bank The Bank shall follow Instructions received regarding assets held in the Accounts. However, until it receives Instructions to the contrary, the Bank will: (a) Present for payment any Securities which are called, redeemed or retired or otherwise become payable and all coupons and other income items which call for payment upon presentation, to the extent that the Bank or Subcustodian is actually aware of such opportunities. (b) Execute in the name of the Customer such ownership and other certificates as may be required to obtain payments in respect of Securities. (c) Exchange interim receipts or temporary Securities for definitive Securities. (d) Appoint brokers and agents for any transaction involving the Securities, including, without limitation, affiliates of the Bank or any Subcustodian. (e) Issue statements to the Customer, at times mutually agreed upon, identifying the Assets in the Accounts. The Bank will send the Customer an advice or notification of any transfers of Assets to or from the Accounts. Such statements, advices or notifications shall indicate the identity of the entity having custody of the Assets. Unless the Customer sends the Bank a written exception or objection to any Bank statement within ninety (90) days of receipt, the Customer shall be deemed to have approved such statement. The Bank shall, to the extent permitted by law, be released, relieved and discharged with respect to all matters set forth in such statement or reasonably implied therefrom as though it had been settled by the decree of a court of competent jurisdiction in an action where the Customer and all persons having or claiming an interest in the Customer or the Customer’s Accounts were parties if: (a) the Customer has failed to provide a written exception or objection to any Bank statement within ninety (90) days of receipt and where the Customer’s failure to so provide a written exception or objection within such ninety (90) day period has limited the Bank's (i) access to the records, materials and other information required to investigate the Customer’s exception or objection, and (ii) ability to recover from third parties any amounts for which the Bank may become liable in connection with such exception or objection, or (b) where the Customer has otherwise explicitly approved any such statement. All collections of funds or other property paid or distributed in respect of Securities in the Custody Account shall be made at the risk of the Customer. The Bank shall have no liability for any loss occasioned by delay in the actual receipt of notice by the Bank or by its Subcustodians of any payment, redemption or other transaction regarding Securities in the Custody Account in respect of which the Bank has agreed to take any action under this Agreement.

  • Conditions to Obligations of the Parties The obligation of the Parties to effect the Generation Exchange and the other transactions contemplated by this Agreement shall be subject to the fulfillment at or prior to the Exchange Closing Date, of the following conditions: (a) The waiting period under the HSR Act applicable to the consummation of the exchange of the Exchange Assets contemplated hereby shall have expired or been terminated; (b) No preliminary or permanent injunction or other order or decree by any Governmental Authority which prevents the consummation of the exchange of the Exchange Assets contemplated herein shall have been issued and remain in effect (each Party agreeing to use its reasonable best efforts to have any such injunction, order or decree lifted) and no statute, rule or regulation shall have been enacted by any state or federal government or Governmental Authority prohibiting the consummation of the exchange of the Exchange Assets; (c) The DLC Nuclear Closing as defined in the Nuclear Conveyance Agreement shall have occurred; (d) The CAPCO Settlement Agreement shall have been executed by DLC, the FE Subsidiaries and TEC; (e) The Support Agreement shall have been executed by FE and DLC; (f) All consents or approvals, filings with, or notices to any Governmental Authority that are necessary for the consummation of the transactions contemplated by each of the CAPCO Settlement Agreement and the Electrical Facilities Agreement shall have been obtained or made, other than such consents, approvals, filings or notices which are not required in the ordinary course to be obtained or made prior to the consummation of the transactions thereunder or which, if not obtained or made, will not prevent the parties thereto from performing their material obligations thereunder; and (g) There shall be no court order requiring DQE to consummate the transactions contemplated under the Agreement and Plan of Merger between DQE and Allegheny Energy, Inc.

  • CONDITIONS OF THE OBLIGATIONS OF THE COMPANY The obligations of the Company to sell and deliver the portion of the Shares required to be delivered as and when specified in this Agreement are subject to the conditions that at the Closing Date or the Option Closing Date, as the case may be, no stop order suspending the effectiveness of the Registration Statement shall have been issued and in effect or proceedings therefor initiated or threatened.

  • Obligations of the Parties Clause 8

  • Additional Conditions to Obligations of the Company The obligations of the Company to consummate the Merger and the transactions contemplated by this Agreement shall be subject to the satisfaction at or prior to the Closing of each of the following conditions, any of which may be waived, in writing, exclusively by the Company:

  • Obligations of the City A. The City agrees to give the Contractor access to the Project area and other City- owned properties as required to perform the necessary Services under this Agreement. B. The City shall notify the Contractor of any defects in the Services of which the Contract Administrator has actual notice.

  • Conditions to Obligations of the Purchaser The obligations of the Purchaser to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or written waiver, at or prior to the Closing, of each of the following conditions:

  • Conditions to Obligations of the Company The obligation of the Company to effect the Merger is also subject to the satisfaction or waiver by the Company at or prior to the Effective Time of the following conditions:

  • Conditions of the Obligations of the Underwriters The obligations of the several Underwriters to purchase and pay for the Firm Securities on the First Closing Date and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties of the Company herein (as though made on such Closing Date), to the accuracy of the statements of Company officers made pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions precedent:

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