Sentences with phrase «arbitral awards against»

Litigation partners Martin Flumenbaum and Brad Karp's latest Second Circuit Review column, «Enforcing Foreign Arbitral Awards Against Alleged Alter - Egos,» was published March 29 in the New York Law Journal.

In Motorola Credit Corporation v Telsim (3 August 2005 Claim No 2005 Folio 597), and in DeTeAsia v Celcom (13 January 2006 Claim No 2005 Folio 1049), Motorola and Deutsche Telekom were armed with very substantial arbitral awards against leading GSM operators domiciled in Turkey and Malaysia respectively.

Moreover, numerous cases have in fact enforced commercial arbitral awards against states and state - related entities, without any suggestion that the commercial activity exception is per se inapplicable.

Guest Lecturer in International Investor State Arbitration Spring 2010, «Enforcement of International Arbitral Awards Against Sovereign Entities,» University of Texas School of Law, Austin, Texas, April 2010

In particular, he has substantial recent experience in relation to the enforcement of arbitral awards against states and issues of sovereign immunity.

The case raises numerous issues relating to the enforcement of arbitral awards against sovereign states, including immunity under the State Immunity Act 1978 and the interaction between English proceedings and proceedings in the curial court (Holland).

Represented a Western European leasing company, defendant in an annulment proceeding filed against an ICC arbitral award against French court

TPSA in Dutch enforcement proceedings of an arbitral award against the Danish Polish Telecommunications Group (DPTG) arising from the installation of an optical fibre network cable in Poland

He has represented a Latin American national bank for the recognition and enforcement of an ICC arbitral award against another Latin American state agency, coordinating actions in eight jurisdictions.

Claimants can protect themselves by purchasing this coverage which guarantees payment of a legally enforceable arbitral award against a State Defendant where that Defendant refuses to comply with the award.

Not exact matches

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

An arbitral award was rendered in India against a United States corporation, which argued before the Court that it should not be enforced in the United States on grounds that India would not have enforced the award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats awards rendered in India in favour of Indian parties in a similar manner.

Against this background, the ICC Commission's Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion.

Summary: The counterparty resisted enforcement against a Russian arbitral award on the grounds that it was not «duly» notified of the arbitration proceedings, as required by Section 54 of the...

The EU would not be alone in using GSP status to pressure Argentina — the US announced last month that it would suspend GSP benefits in protest against Argentina's non-payment of prior arbitral awards under the US - Argentina BIT.

However, the shipowner had raised the issue of bias against the arbitrator, seeking to «reserve» its position, but continued with the arbitral process, which had led to an award.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $ 1 billion ICSID Additional Facility arbitral award.

The author concludes by identifying some important points that French courts should tackle in the future, that is, the admissibility of challenges against decisions rendered by arbitral institutions, and their role in the proceedings concerning challenges against arbitral awards.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $ 1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Acting for a petroleum company in which the issue is the right of an unrepresented and absent respondent to lodge an appeal against an arbitral award at the point of enforcement and involves a subject sum of USD 93,720,000.

The arbitral award shall indicate a time - limit for voluntary compliance by the defaulting party, and shall set a daily fee and post-award interests to accrue thereafter against the non-compliant party.

The problem is almost invariably an economic and political one, so having an arbitral award may not be useful if there are no assets against which enforcement might be effected.»

The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal that: (a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and (b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim.

Without the SPC's final approval, local courts are not allowed to decide against a foreign - related arbitral agreement, a foreign - related award or a foreign award.

Using the same provision, Cruz City 1 Mauritius Holdings («Cruz City»)(represented by White & Case) recently obtained an order requiring the losing parties in an arbitration to disclose their assets worldwide, to assist Cruz City in enforcing against these parties arbitral awards of US$ 298 million.

Even though Alphamix concerned a domestic arbitral award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way of arbitration, that they should take arbitration proceedings and arbitral awards made against them seriously.

The FPSW Order requires offerors for government contracts to disclose whether there have been any «administrative merits determination, arbitral award or decision, or civil judgment... rendered against the offeror within the preceding 3 - year period» for violations of any of 14 federal labor laws and equivalent state laws.

It seeks the annulment of an arbitral award which a Dutch insurance group as a respondent has obtained against it.

An appeal against or challenge to an arbitral award under the 1996 Act must be commenced by the issue of an arbitration claim form (in accordance with Part 62 of the English Civil Procedure Rules).

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

Accordingly, if and when an award is rendered by the arbitral tribunal in the investor's favour, it may be enforced against host state assets granting the investor claimant excellent prospects of making a recovery.

10.2 Can parties agree to exclude any basis of challenge against an arbitral award that would otherwise apply as a matter of law?

Other sections in the Nigerian chapter cover: the enforcement of arbitral agreements; the formal requirements of the award, cost and expenses and interest; enforcement of the award; recourse against the award: setting aside and refusal of recognition and enforcement; and investor state dispute settlement.

Securing arbitral award and attorneys» fees in New York in an unfair competition claim against a Canadian company