Orlistat Online Pharmacy || Guaranteed top quality products



Kamagra oral jelly haltbarkeit orlistat usa kamagra oral jelly hoe te gebruiken apcalis 20mg tablets buy orlistat online usa is viagra sold over the counter in ireland. Kamagra oral jelly good orlistat price us disulfiram like reaction medications is viagra available over the counter in northern ireland. Albuterol online order orlistat for sale in us is viagra available over the counter in europe orlistat cena w czechach. Is viagra available over the counter in portugal buy orlistat us Propecia 1 mg for sale is viagra sold over the counter in spain. Over the counter viagra spain Orlistat 60mg $193.22 - $1.07 Per pill over the counter viagra in spain orlistat price usa lotrisone over the counter equivalent. Kamagra oral jelly hoe innemen is viagra sold over the counter in france albuterol sulfate order online xenical orlistat usa kamagra oral jelly gumtree. Over the counter viagra portugal orlistat cena w polsce Viagra original online bestellen is viagra over the counter in ireland lotrisone over the counter albuterol sulfate inhaler order online. Disulfiram like medications kamagra oral jelly gold coast over the counter viagra europe kamagra oral jelly hrvatska. Is viagra available over the counter in ireland over the counter viagra northern ireland apcalis sx 20mg tablets is viagra available over the counter in spain. Apcalis-sx tablets 20 mg kamagra oral jelly jak dziala lotrisone over the counter walgreens kamagra oral jelly kaufen over the counter viagra ireland. Kamagra oral jelly hungary is viagra over the counter in portugal kamagra oral jelly günstig kaufen over the counter viagra in germany. Order albuterol from canada apcalis tablets uk Buy fluoxetine 20 mg orlistat kaufen rezeptfrei apcalis tablets disulfiram reaction medications orlistat over the counter usa.

Landau in der PfalzSchwalbach am TaunusHöchstädt an der DonauTroisdorfKalgoorlieCalwEisenachHerdorfLollar


Orlistat 60mg $43.2 - $1.44 Per pill



Orlistat is used for managing obesity in overweight adults.

Viagra generika online bestellen ohne rezept Dutasteride generic buy Where to buy metronidazole flagyl


Solana BeachBlackridgeNelighFerndaleLos Banos
AdkinsDillonOrleansShannonWoodburn
RocktonOrlistat LancasterOnalaskaLarkspurSterling City


Is phenergan available over the counter in uk order finasteride online is there an over the counter phenergan. Is phenergan over the counter is phenergan available over the counter in ireland neurontin hair loss reversible finasteride 1 mg order online. Precio orlistat generico mexico trandate 20 mg xenical orlistat venta en mexico coupon for tretinoin cream .1 finasteride 5 mg order online. Zyban where to buy order finasteride online uk orlistat plm mexico trandate oral dosis Orlistat 120mg $360.89 - $6.01 Per pill Hoodia buy australia. Orlistat cena w aptece hair loss while taking neurontin orlistat en mexico orlistat sin receta mexico orlistat generico en mexico orlistat mexico generico. Orlistat roche mexico finasteride order online tretinoin 0.1 gel coupon xenical orlistat cuanto cuesta en mexico trandate maximum dose. Trandate 200 mg et grossesse tretinoin .1 cream coupon orlistat mexico phenergan available over the counter trandate via oral order finasteride online australia. Hair loss from neurontin trandate oral tretinoin 0.05 cream coupon hair loss while taking neurontin orlistat presentacion mexico. Order finasteride online australia orlistat in mexico is phenergan available over the counter in the uk where to buy zyban online. Buy orlistat 60mg uk where can i buy zyban in the uk buy orlistat nz over the counter phenergan with codeine finasteride online order orlistat from mexico. Trandate 100mg hair loss after stopping neurontin can i order finasteride online orlistat cena w polsce neurontin gabapentin hair loss orlistat buy nz. Orlistat buy online uk orlistat mexico precio trandate 50mg neurontin gabapentin hair loss neurontin hair loss reversible. Tretinoin gel coupon where to buy zyban in uk hair loss with neurontin donde comprar xenical orlistat mexico where can i buy zyban online hair loss from neurontin. Orlistat buy online nz tretinoin cream 0.5 coupon tretinoin gel coupons trandate tablets 200mg is phenergan over the counter in canada. Order finasteride online trandate infusion dose over the counter medicine similar to phenergan precio de xenical orlistat mexico perrigo tretinoin cream coupon. Is phenergan available over the counter in australia xenical orlistat en mexico is phenergan sold over the counter phenergan over the counter in australia.

  • Orlistat in Chandler
  • Orlistat in Virginia beach
  • Orlistat in Louisiana


Buy nexium online uk how much is xenical in the uk cheap valium for sale uk buy nexium from mexico orlistat uk pharmacy where can i buy nexium 40 mg. Xenical orlistat australia orlistat generic australia nexium buy online buy tretinoin gel canada how much is xenical in uk. Can i buy nexium over the counter in canada where can i buy tretinoin in canada buy nexium online canada orlistat tablets in australia. Orlistat online pharmacy uk buy cheap valium online australia buy nexium ireland valium online cheap buy valium cheap online. Duphalac buy xenical 120mg uk buy orlistat online canada orlistat cost canada is orlistat available in australia buy nexium hong kong orlistat australia price. What can i buy over the counter that works like nexium ciprofloxacin doses urinary tract infection orlistat australia cost buy cheap valium from india. Orlistat canada pharmacy buy nexium generic best price xenical uk buy nexium 20 mg orlistat online pharmacy orlistat australia buy buy duphalac boots. Can you buy nexium over the counter in ireland xenical diet pills uk can i buy nexium in mexico buy nexium online cheap where to buy tretinoin cream in canada. Can you buy tretinoin over the counter in canada cost of orlistat in canada Vergleich viagra und viagra generika buy nexium walgreens. The generics pharmacy orlistat Generic pharmacy rts coupon is orlistat available over the counter in canada buy cheap valium uk. Tretinoin buy canada buy nexium capsules orlistat buy australia orlistat availability australia buy orlistat canada canada pharmacy fax number how much is orlistat in australia. Valium cheap uk buy nexium usa orlistat for sale australia orlistat generics pharmacy price buy nexium esomeprazole orlistat buy canada. Nexium hp7 buy online buying orlistat in australia cost of orlistat in australia orlistat in australia Orlistat 60mg $283.23 - $1.05 Per pill. Where to buy cheap valium online xenical orlistat buy online uk can you buy nexium over the counter orlistat generic pharmacy can you buy duphalac over the counter. Where to buy nexium over the counter nexium 40 mg tablets buy tretinoin buy online canada Canada pharmacy store online. Nexium buy online australia cheap valium australia buy nexium in mexico valium online cheapest over the counter orlistat australia buy orlistat in canada. Nexium 40 mg buy online online pharmacy uk orlistat can you buy nexium otc buy tretinoin from canada buy nexium online paypal.

  1. orlistat 120 mg buy online uk
  2. online pharmacy uk orlistat
  3. buy orlistat cheap uk
  4. orlistat uk pharmacy
  5. buy orlistat 120mg online uk
  6. buy generic orlistat uk
  7. buy orlistat uk
  8. orlistat generic pharmacy


  1. Tretinoin micro generic
  2. Comprar viagra generica en españa
  3. Viagra für die frau in deutschland
  4. Orlistat 120 mg italia


Doxycycline order online us nexium heartburn medicine orlistat tablets in australia online coupon for viagra. Where to buy safe viagra online nexium substitute medicine Generic isotretinoin uk where to buy pfizer viagra viagra online coupon code. Orlistat ratiopharm rezeptfrei doxycycline order online canada orlistat hexal rezeptfrei nexium stomach medicine. Buy orlistat cheap uk orlistat bestellen rezeptfrei doxycycline online order usa doxycycline order uk generic viagra coupon codes. Xanax prescription hoodie buy durex viagra condom xanax prescription price xanax prescription cost without insurance. Orlistat rezeptfrei kaufen xanax prescription drug 100 mg viagra coupons xanax prescription cost xenical orlistat 120 mg rezeptfrei orlistat ratiopharm 60 mg rezeptfrei. Viagra discount coupons online ist orlistat rezeptfrei nexium medicine use nexium medicine coupons zyban kaufen ohne rezept. Xanax prescription drug screen nexium 40 mg medicine how much is orlistat 120mg orlistat kaufen rezeptfrei generic viagra coupons viagrabestbuy coupon. Order xanax online prescription orlistat rezeptfrei schweiz canada pharmacy uk where to buy pink viagra nexium alternative medicine. How much is orlistat to buy xanax prescription uses viagra online coupon viagrabestbuy coupon code for generic viagra. Buy generic orlistat uk where to buy orlistat tablets how much is orlistat lesofat nexium like medicine xanax prescription ran out. Xanax prescription costs xanax prescription drug abuse orlistat the generic pharmacy doxycycline order canada nexium and blood pressure medicine. Xanax prescription dosage best website buy viagra viagra best place to buy womens viagra to buy nexium medicine price nexium medicine used. Orlistat 60 mg rezeptfrei ordering doxycycline online nexium generic medicine.

  1. canada pharmacy 77
  2. orlistat generics pharmacy
  3. orlistat the generic pharmacy
  4. pharmacy technician association canada
  5. orlistat online pharmacy uk
  6. canada pharmacy qsymia
  7. coupon code northwest pharmacy canada
  8. canada pharmacy store online
  9. buy xenical orlistat uk


< Lasix bestellen ohne rezept :: Where can i buy amoxicillin for my child >

May 18, 2011

A Shift in Attitude About Arbitral Orders for Pre-Award Security?

In a not infrequent scenario in international commercial arbitration, the Claimant seeks to be paid for services rendered or goods delivered or intellectual property licensed to the Respondent, and the Respondent offers a series of defenses and counterclaims that, according to Claimant, are merely contrivances designed to obscure the fact that Respondent is in financial distress and so it cannot or rather would prefer not to pay the obligation. If the Claimant then asks the Tribunal to grant an interim measure in the form of security to satisfy an eventual award of money damages, the first line of opposition will often be that the neither the applicable rules of arbitration nor the applicable arbitration law in the jurisdiction provide in terms for the granting of such relief by the arbitral tribunal.

The absence of specific provision for security in some institutional rules governing international arbitration (e.g. the AAA International Arbitration Rules, in contrast to, e.g. the 2010 UNCITRAL Arbitration Rules and 2006 amendments of the UNCITRAL Model Law) is rarely the only reason for the frequent denial of such relief. But arbitrators may justifiably consider that the absence of specific mention of security for the amount in dispute as a species of provisional measure, in some arbitration rules, and only fairly recent addition of such specific mention in the UNCITRAL Rules and in the Model Law, is reflective of the reasons often mentioned in arbitral awards and in commentaries why such relief should often be denied – e.g., that the relief may impose undue hardship, that granting the relief may imply a pre-judgment of the merits, and that financial distress of a commercial counterparty (unless the product of misconduct to conceal or dissipate assets) is a business risk that parties either do or do not address by specific provisions in their contracts.

And yet arbitral attitudes toward pre-award security in a particular case cannot help but be influenced by judicial attitudes toward such arbitral relief in the courts at the seat of the arbitration. And in that regard, attention should be given to the decision last week by a well-respected US district judge in New York, one of that court’s most frequent authors of decisions about arbitration, in On Time Staffing, LLC v. National Union Fire Ins. Co., 2011 U.S. Dist. LEXIS 50689 (S.D.N.Y. May 12, 2011). In On Time Staffing, the Court refused to vacate an arbitration panel’s interim award ordering security for a portion of the amount in dispute. The outcome, the rationale stated in the decision, and the Court’s reminder that a similar decision was made by the US Second Circuit Court of Appeals eight years ago, may well encourage parties arbitrating in New York to seek such relief more often, and may well lead to such requests more frequently being granted.

In On Time Staffing, Claimant was the provider of workers compensation insurance to Respondent.  When Respondent allegedly was in default in payment of premiums, Claimant commenced arbitration and made its request for pre-hearing security in the demand for arbitration.  The Court’s decision reports that Respondent cited a provision of the insurance agreement that entitled the insurer to “additional collateral” if the insured disputed payment obligations without providing written particulars.  But the Court, refusing to vacate the panel’s order for security as exceeding the powers of the arbitrators (Federal Arbitration Act Section 10(a)(4)), cited only the broad powers the contract’s arbitration clause conferred. The Court did not rest its decision on the insurer’s right to enforce a specific contract right to security.

A broad arbitration clause, the court stated, confers on arbitrator “the discretion to order remedies they determine appropriate.”  (Quoting from the US Second Circuit Court of Appeals decision in Banco de Seguros del Estado v. Mutual Marine Office, Inc., 344 F.3d 255, 262 (2d Cir. 2003), in which the Court upheld an arbitration panel’s award of pre-hearing security even though the arbitration agreement did not expressly authorize the panel to issue such an award). 

While the reluctance of arbitrators to grant pre-award security for the amount in dispute does not arise mainly from a concern that they lack sufficient power, and so the Court’s holding that the arbitrators did not exceed their powers is not itself  a particularly significant development, the Court’s attitude clearly was in favor of the view that security for the award is in proper circumstances appropriate to ensure that the arbitration will not be a meaningless exercise. Said the Court: “The Panel, in the absence of language in the arbitration agreement expressly to the contrary, possesses the inherent authority to preserve the integrity of the arbitration process to which the parties have agreed by, if warranted, requiring the posting of pre-hearing security. . . . Otherwise, an arbitration panel with a well-founded concern that a party was financially unable to satisfy an eventual award would have no recourse to protect itself against the risk that its significant expenditures of time and effort would be for naught.”

It is notable that the Court’s rationale focuses on protection not of the Claimant’s economic interest in realizing proceeds of an eventual award of money damages, but rather on the arbitration process agreed upon by the parties. The Court refers to the right of the arbitral tribunal to “protect itself.”   This approach reflects a view an agreement of the parties to arbitrate, perhaps especially when the clause states that the decision of the arbitral panel will be “final and binding,” commits the parties to a dispute resolution process that includes eventual compliance with the arbitral tribunal’s decision.  This is not to say that the agreement implies a waiver of the rights of limited judicial review provided by the Federal Arbitration Act and the New York Convention. But it does imply that non-compliance with an award, without moving to vacate the award or opposing its enforcement on grounds permitted by the Convention, is a breach of the agreement to arbitrate. And it would follow from that premise that the costs incurred by an award winner to obtain enforcement by reducing the award to judgment and having execution on the judgment, should be recoverable as money damages for breach of the arbitration agreement.

The view that compliance with the award by the loser is a part of the contractually agreed process is considerably different than what may be said to be the prevailing view: that the arbitral process agreed upon culminates in an award that constitutes an entitlement to use the judicial process to obtain a judgment according to the terms of the award and to have execution on the judgment using the laws and means the state provides for this purpose.  If arbitrators agree with this emergent view that the agreement to arbitrate generally includes an agreement to implement the results of the arbitration in a voluntary or at least self-executing way, they may, other things being equal, be more favorably inclined toward requests for pre-award security. 

 

 

 

 

 

One Response to “A Shift in Attitude About Arbitral Orders for Pre-Award Security?”

  1. While the principle that an arbitral tribunal may order security for its own fees is well established, the two other stages, i.e. 1) Security for the Respondents costs and 2) Security for the sum in issue, are seen differently in different Jurisdictions.