which are available to charterers when needed, as well as the appropriate chassis and propulsion force necessary to operate simultaneously. Charterers employ winches and/or crane operators at their own risk and cost. Loss of time resulting from a vessel power failure, a failure of winds/cranes and/or fishing gear that was not caused by the failure of agricultural workers shall not be considered a period of immobilization, this time being calculated in relation to the total number of winds/cranes on the vessel. The ship shall freely use the lights on board for night work if necessary. The Tribunal considered Hotazel`s reasons for not ordering a stay and found that they did not provide any compelling reason to exempt it from its obligation to comply with the dispute settlement clause. The Tribunal found that the following factors were relevant in the exercise of its discretion: while the Tribunal may decide at its discretion whether or not to maintain an arbitration clause, the burden of proof lies with the party who wishes to avoid arbitration (in favour of legal proceedings). According to the case-law, this burden cannot be easily borne. From December 5, 2013 to May 5, 2015, neither party took any further steps to address the issue. On that date, the three-year limitation period (i.e. the limitation period) for the opening of legal proceedings took shape and, faced with Transnet`s refusal to accept an extension, Hotazel stated that it had adopted a “Safety First” approach and issued subpoenas in.
Tribunal”. ». . .