Results 4,741-4,760 of 16,849 for speaker:Dermot Ahern

Order of Business (3 Feb 2010)

Dermot Ahern: They are keeping it among themselves.

Arbitration Bill 2008: Order for Report (3 Feb 2010)

Dermot Ahern: I move: "That Report Stage be taken now."

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 1: In page 6, to delete line 1 and substitute the following: "(b) an arbitration which is not an international commercial arbitration;". The central amendment in this group is amendment No. 15 which proposes the deletion of sections 33 to 37, inclusive. All of the other amendments in the group arise in consequence of that one step. When the Arbitration Bill was first...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I thank the Deputy for his acceptance of this. There would have been an anomaly in that we would have been treating parties to arbitration differently depending perhaps on their geographic basis. For example, a different regime could apply depending on whether both parties were resident in Donegal or whether one party was resident in Donegal and the other in Belfast. We also believe there...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 2: In page 6, to delete lines 8 and 9.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 3: In page 7, lines 4 and 5, to delete all words from and including "international" in line 4 down to and including "standard" in line 5.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 4: In page 7, to delete line 30 and substitute the following: "(b) arbitrations which are not international commercial arbitrations.".

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 5: In page 9, line 7, to delete "subsection (1)," and substitute "subsection (1), or". This amendment is purely textual in nature.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 6: In page 9, line 30, to delete " or section 33".

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 7: In page 9, lines 41 and 42, to delete all words from and including ", unless" in line 41 down to and including "agree," in line 42. This relates to section 12 of the Bill. As now drafted, a party has, unless otherwise agreed, a period of 56 days within which to seek to have an arbitration award set aside on the grounds that it is in conflict with the public policy of...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: Deputies may recall that we had quite an extensive discussion on this matter on Committee Stage. I understand some of the reservations that Deputies have but I do not think they are well placed. I am on record as stating that in my view to attract international arbitration business to this jurisdiction it is critical to have a clear statutory statement on the position of the arbitrator. We...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: The motivation is to bring together the elements of previous arbitration legislation and developments that have taken place internationally to bring them into line with the model law. From a purely strategic point of view, the motive for having on our statute books the most up to date and streamlined arbitration legislation possible is to allow Ireland to be used as a location for...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: As I noted in my initial response, we are aligning ourselves to the practice adopted by the International Court of Arbitrators, the rules of which allow for a general exclusion of liability whereby the arbitrators, the court and its members or the ICC and its employees shall not be liable to any person for any act or omission in connection with the arbitration.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: This includes any issue that would be dealt with in bad faith because remedies are available elsewhere in the legislation. If we were to proceed in a different manner to the International Court of Arbitrators, we would be out on a limb and would limit the possibility of developing Ireland as a centre of international arbitration. If one were to lay down rules on personal liability and...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: It is basically a different approach. That is a view that has been expressed by a minority of people who are interested in this area. The majority view that we have received is that aligning ourselves to the procedures laid down by the International Court of Arbitrators is the best way to proceed. Provision is made in the legislation for setting aside awards made for a number of reasons,...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 9: In page 13, to delete lines 9 to 11. I move to recommit this amendment, which arises as a consequence of the enactment of the Defamation Act 2009. As currently drafted, section 22(6) provides that witnesses giving evidence before an arbitral tribunal are to have the same privileges and immunities as witnesses have in proceedings before the High Court. Essentially,...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: Yes.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: Yes.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: In regard to arbitration, the Defamation Act provides that absolute privilege will attach to statements made in the course of proceedings before an arbitral tribunal where the statement is connected with those proceedings.

Leaders' Questions (3 Feb 2010)

Dermot Ahern: Deputy Kenny is being negative.