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. 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”).
9.2 As a condition precedent to this agreement becoming effective, a settlement agreement and an order of dismissal between the Claimant and the Defendants in an agreed form shall be executed on the date hereof.
The Proceedings a. The arbitration proceedings shall be held in Flathead County, Montana at a place to be agreed upon by the parties.
b. A stenographic record of the proceedings shall be made and supplied to the Board and parties.
c. Unless the parties agree otherwise, the Board shall require witnesses to testify under oath or affirmation.
d. The parties may offer such evidence as is relevant and material to the dispute and shall produce such additional evidence as the Board may deem necessary to the determination of the dispute, subject to the limitations in Section 6(a) above.
e. All evidence to be considered by the Board shall be offered at the hearing. Prior to the hearing the parties shall exchange lists of names and addresses of all witnesses, together with the substance of the testimony of each and the report, vita and publication list of any expert witness. Exhibits shall be admitted into evidence by the Board only upon the establishment of a proper foundation concerning authenticity, unless the parties agree otherwise.
f. Unless the parties agree otherwise, the parties shall simultaneously file initial briefs within fourteen (14) days following the close of the hearing and reply briefs seven (7) days thereafter. The hearing shall be deemed closed as of the final date set for the receipt of briefs.
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.
2. Briefly summarized, the reason for the main action is claims of Claimant that it be ruled that an agreement was concluded between Claimant and Defendant embodied in the purchase order of 5 January 2011, that Defendant failed to fulfil its obligations contained in the agreement, and that Defendant is ordered to pay to Claimant an amount € 227.669,00 plus interest and costs in accordance with article 8 paragraph 3 of the MPC Conditions of 28 January 2011.
3. Defendant has contested the competence of the arbitrators by reason of the fact that the parties did not conclude an arbitration agreement.
4. By interim judgment of 15 December 2011 the arbitral tribunal admitted Claimant to give evidence that Defendant accepted the purchase order of 5 January 2011 and that Claimant and Defendant have previously contracted on basis of the MPC Conditions.
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. SCHEDULE 2
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
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. Brief Overview
The Proceedings a. The arbitration proceedings shall be held in Flathead County, Montana at a place to be agreed upon by the parties.
b. A stenographic record of the proceedings shall be made and supplied to the Board and parties.
c. Unless the parties agree otherwise, the Board shall require witnesses to testify under oath or affirmation.
d. The parties may offer such evidence as is relevant and material to the dispute and shall produce such additional evidence as the Board may deem necessary to the determination of the dispute, subject to the limitations in Section 6(a) above.
e. All evidence to be considered by the Board shall be offered at the hearing. Prior to the hearing the parties shall exchange lists of names and addresses of all witnesses, together with the substance of the testimony of each and the report, vita and publication list of any expert witness. Exhibits shall be admitted into evidence by the Board only upon the establishment of a proper foundation concerning authenticity, unless the parties agree otherwise.
f. Unless the parties agree otherwise, the parties shall simultaneously file initial briefs within fourteen (14) days following the close of the hearing and reply briefs seven (7) days thereafter. The hearing shall be deemed closed as of the final date set for the receipt of briefs.
a. The Board shall render an award in writing within thirty (30) days following the closing of the hearing and shall base its decision solely upon the evidence before it, applicable law and this Agreement. Unless the parties agree otherwise, the award shall briefly state the reasoning on which it rests.
b. Duplicate copies of the award shall be signed by each member of the Board and shall be served on the parties by certified mail.
c. Fourteen (14) days following the mailing of the award to the parties, it shall become final, binding and enforceable in any court of competent jurisdiction.
