In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards as is contained in the UNCITRAL Model Law) is the law of Ontario.
Not exact matches
As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral a
Awards (the New York Convention) Contracting State, ensuring that
arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral a
awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of
arbitralarbitral awardsawards.
The Convention's aim is not to limit the pre-existing freedom of the Contracting States to treat
foreign arbitral awards or arbitration agreements
as favourably
as they please, but rather to facilitate their recognition and enforcement to the greatest extent possible.
However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read
as granting permission to enforce any judgment or
arbitral award made «by a
foreign court or tribunal and amenable to be enforced at common law».
Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not
as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral award
as liberal
as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral award
as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854
As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over foreign arbitral award
As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over
foreign arbitral awards.
The New York Convention was established
as a result of dissatisfaction with the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of
Foreign Arbitral Awards of 1927.
Shelbaya agrees that the Egyptian courts adopt a «liberal approach to arbitration», putting in place «stringent criteria» for the setting aside of an
arbitral award,
as well
as routinely recognising and enforcing
foreign awards in Egypt.
Another approach to avoid this concern might be to regard immunity
as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding —
as is the case with proceedings to enforce a
foreign arbitral award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.
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.
The Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, also known
as the «New York Arbitration Convention» or the «New York Convention», is one of the key instruments in international arbitration.
The central issue in the Yugraneft SCC appeal heard on December 9, 2009, is establishing how an international
arbitral award should be characterized —
as being equivalent to a
foreign judgment or
as something else?
Based on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international
arbitral awards should be considered, at least for enforcement purposes, equivalent to
foreign judgments, and,
as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.
This decision has been the subject of considerable discussion among arbitration practitioners:
as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the
award, and more generally whether
foreign judgments and
arbitral awards should continue to be treated, for limitations purposes,
as mere contract debts.
The Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, done in New York, 10 June 1958 (the New York Convention), is described
as the most successful treaty in private international law.
The UK will remain a signatory of the Convention of the Recognition and Enforcement of
Foreign Arbitral Awards 1958, more commonly known
as the New York Convention.
His international disputes practice focuses on cases involving one or more
foreign companies, persons, or governments,
as well
as disputes involving other interests of
foreign countries, such
as enforcement of
foreign judgments or
arbitral awards, international discovery, and service of process abroad.
He has a wide range of experience in all key aspects of international arbitration and litigation, including enforcement of
foreign arbitral awards and state court judgments in Russia and abroad
as well
as obtaining interim measures from Russian courts in support of
foreign proceedings.
Services in the Arbitration Practice include serving
as local counsel in connection with international commercial arbitrations, assisting in matters relating to the enforcement of
foreign arbitral awards and representing clients in arbitration proceedings.
China and Canada are parties to the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, also known
as the New York Convention.
The new ICAA contains a number of changes from its predecessor, including: Adoption of the the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (also known
as the «New York Arbitration Convention»).
Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration
awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration
awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration
awards, cases regarding applications to recognize and enforce
foreign arbitral awards, and cases relating to the judicial review of arbitration such
as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.
The application of the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, also known
as the «New York Convention», and whether it applies to the joint venture members, is often one of the considerations in deciding to include a mandatory arbitration clause in a joint venture agreement.
As mentioned previously, some SPC proceedings, including capital punishment review and review of lower court rulings not to enforce
foreign or
foreign - related
arbitral awards, are not considered «court hearings.»
Sometimes both levels of government legislate,
as they did to implement the New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards.
Recognizing the growing importance of international arbitration
as a means of settling international commercial disputes, the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral
Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral
Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral a
Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of
foreign and non-domestic arbitral
foreign and non-domestic
arbitralarbitral awardsawards.