Sentences with phrase «enforcement of arbitral awards by»

China's Supreme People's Court («SPC») recently issued the SPC Provisions on Issues related to Enforcement of Arbitral Awards by the People's Courts (the «Provisions»),...

SPC Provisions on Issues related to Enforcement of Arbitral Awards by the People's Courts have been issued by China's Supreme People's Court (SPC) and are effective as of 1 March 2018.

Not exact matches

However, foreign investors may avoid all these difficulties by recourse to arbitration and indeed, Morocco is a member of the New York Convention on the recognition and enforcement of foreign arbitral awards and a member of The Washington Convention on ICSID.

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

Travaux préparatoires, Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations, Report by the Secretary - General, Recognition and Enforcement of Foreign Arbitral Awards, E / 2822, Annex II, pp. 18 - 19; Fouchard Gaillard Goldman on International Commercial Arbitration 454, para. 756 (E. Gaillard, J. Savage eds., 1999).

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

Travaux préparatoires, United Nations Conference on International Commercial Arbitration, Report by the Secretary - General — Corrigendum — Recognition and Enforcement of Foreign Arbitral Awards, E / 2822 / Corr.

By imposing stricter rules on recognition and enforcement of foreign arbitral awards, a Contracting State will breach its obligations under the Convention.

Summary: The appellant foreign state challenged the lower court's judgment that real property owned by the appellant could be used to execute an enforcement order of an arbitral award.

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...

Comments by governments on the draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards

E / 2822 / Add.1 - Recognition and Enforcement of Foreign Arbitral Awards: Comments by governments on the draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contractingArbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting sAwards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contractingarbitral awards may be recognised and enforced in these contracting sawards may be recognised and enforced in these contracting states.

Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral awards);

[7] While excluding judicial decisions and arbitral awards will limit the number of parties served by the instrument, the working group considered it best to avoid «overlap» with other conventions and minimize confusion among enforcement authorities over which instrument applies, although the final wording of this provision remains to be determined.

Article 7 (2) of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.

The contract provides that any dispute that might arise is to be settled by arbitration in Danubia, a country that has enacted the UNCITRAL Model Law on International Commercial Arbitration and is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure fEnforcement of Foreign Arbitral Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure fromArbitral Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from tAwards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure fenforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure fromarbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from tawards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from the EU.

TianTong also represents clients to apply for recognition and enforcement by foreign courts of Chinese arbitral awards.

TianTong can represent clients to apply for recognition and enforcement of foreign arbitral awards (made either by institutional or ad hoc arbitral tribunals), arbitral awards made in Hong Kong, Macau and Taiwan.

TianTong represents our clients to apply for the enforcement of arbitral awards issued by domestic arbitration institutions, pre-arbitration property preservation and other compulsory measures.

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Court.

However, it has been identified that under the Arbitration Act 1940, the national courts had an extensive supervisory role over the arbitral process and, most importantly, there were problems being faced by arbitration users in relation to the enforcement of foreign arbitral awards.

In June 2014, Professor Scherer joined the IBA Recognition and Enforcement of Arbitral Awards Subcommittee, which focuses on the inventory of meanings of «public policy» as set forth by international commercial arbitrators, national courts, and investment arbitrators.

The New York Convention applies to the recognition and enforcement of foreign arbitral awards and the referral by a court to arbitration.

The exception exists principally because the cross-border recognition and enforcement of arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels enforcement of arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (reawards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (reAwards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (recast).

The court would not be bound to recognise the judgment in the presence of an enforceable New York Convention arbitral award, but if such an award does not exist (which is likely in such circumstances) it is, on the wording of the Regulation, arguably bound by the recognition and enforcement articles of the Brussels I (recast), even though this may offend the court's pro-arbitration stance.

However, even where statutory enforcement regimes like Alberta's Reciprocal Enforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set of international arbitral awards, the unclear procedural status of international arbitral awards, in general, continues to affect international arbitral awards not covered by the respective enforcemenforcement regimes like Alberta's Reciprocal Enforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set of international arbitral awards, the unclear procedural status of international arbitral awards, in general, continues to affect international arbitral awards not covered by the respective enforcemEnforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set of international arbitral awards, the unclear procedural status of international arbitral awards, in general, continues to affect international arbitral awards not covered by the respective enforcementenforcement regime.

«By virtue of paragraph 3 of article I of the present Convention, the Government of the Republic of Korea declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State.

The accession by the State of Bahrain to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.

It is understood that the accession of the State of Kuwait to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, on the 10th of June 1958, does not mean in any way recognition of Israel or entering with it into relations governed by the Convention thereto acceded by the State of Kuwait.

Reciprocal enforcement of judgments in Abu Dhabi and ADGM free zone: a new Memorandum of Understanding («MoU») sets out the framework for the reciprocal enforcement of judgments, decisions and orders and the arbitral awards ratified or recognised by the onshore civil law courts in Abu Dhabi and the common law courts in Abu Dhabi's financial free zone, ADGM.

In Maximov v NMLK [1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration.

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.

It was published in the Resolution of the National Assembly n.º 38/16, on 12 August 2016, approving the adoption, by the Angolan state, of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Unless the parties agree otherwise, the parties, the arbitrator and JW will treat the arbitral proceedings, any related disclosures and / or discovery, and the decisions of the arbitrator, as confidential, except in connection with judicial proceedings ancillary to the arbitration, such as a judicial challenge to, or enforcement of, an award, or unless otherwise required by law or to protect a legal right of a party.

Any unsettled controversy or claim between the parties arising out of or relating to this Agreement or any breach thereof shall be settled by final and binding arbitration in New York, New York pursuant to the rules then in effect of the CPR Rules of Non-Administered Arbitration and in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; provided that the arbitrator shall have no authority to add to, amend, modify, or ignore any of the provisions of this Agreement.

Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The ECJ today has held, in a matter of factly manner (I had suspected the Court would be brief), that the enforcement of arbitral awards falls outside the Brussels I - Regulation, where that enforcement by the court of that State, effectively prohibits the party concerned from taking the case to a court in that very Member State.