One of the mysteries of the English language finally explained.
attributive Relating to or resulting from the use of an arbitrator to settle a dispute.
- ‘It follows that our client is of the view that the arbitral tribunal lacks substantive jurisdiction to deal with this dispute’.’
- ‘The court may, on the application of a party to arbitral proceedings, determine any question as to the substantive jurisdiction of the tribunal as a preliminary point.’
- ‘The Courts, when called upon to exercise the supervisory role assigned to them under the Arbitration Act, 1996, are acting as a branch of the state, not as a mere extension of the consensual arbitral process.’
- ‘The arbitral tribunal may therefore have failed to deal properly with the issues but it will not have failed to deal with them.’
- ‘Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction.’
- ‘The Second Hague Peace Conference adopted a convention establishing a new court of arbitral justice but could not agree on a procedure for appointing the judges.’
- ‘A party to arbitral proceedings may… apply to the court.’
- ‘If necessary, disputes are to be submitted to an arbitral tribunal, for binding decision ‘in accordance with the applicable rules of international law’.’
- ‘An arbitral tribunal shall be constituted to settle.’
- ‘Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part.’
- ‘In such a case he is in the same position as a party to arbitral proceedings who challenges an award on the ground that there was no substantive jurisdiction.’
- ‘Those rules relate, for example, to agreements whereby parties refer a dispute to arbitration and the recognition and enforcement of arbitral awards.’
- ‘In this case we are dealing with an informal arbitration proceedings and despite its informality, clearly there were some essential steps during the arbitral process that required formality.’
- ‘The arbitral tribunals, and the labour market legislation under which the tribunals operate, greatly facilitate that process.’
- ‘‘The test of ‘substantial injustice’ is intended to be applied by a way of support of the arbitral process, not by way of interference with that process.’
- ‘The arbitral tribunal may rule on a plea referred to in paragraph of this article either as a preliminary question or in an award on the merits.’
- ‘By the law of England (though not, as I understand, by the law of Scotland) such an arbitration clause would also confer authority to assess damages for breach, even though it does not confer upon the arbitral body express power to do so.’
- ‘But if they do, their binding arbitration is just as valid as a binding arbitration before a secular arbitral tribunal enforcing secular law.’
- ‘Spurred by the arbitral settlement of the Alabama case, the campaign expanded to other nations, notably Switzerland and France.’
- ‘If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.’
Late 15th century: from late Latin arbitralis, from arbiter ‘judge, supreme ruler’.
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