Sentences with phrase «state arbitral award»

In another ground - breaking case, the Singapore High Court has set aside an investor - State arbitral award on the basis that the tribunal exceeded its jurisdiction...

The application before the High Court was the first in which a party requested the Singapore courts to set aside an investor - State arbitral award on the merits.

Martinez - Fraga and Reetz will discuss the evolving relationships between international commercial arbitration and the increasingly significant field of investor - state arbitration, including the use of the U.S. courts to obtain discovery of evidence for use in those proceedings and the differing standards used for enforcement of international commercial and investor - state arbitral awards.

Not exact matches

«Canada's fiscal circumstances relative to its stated budgetary policies» will now be the determining factor in making an arbitral award.

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 arbitralArbitral 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 aAwards (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 arbitralarbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral aawards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitralarbitral awardsawards.

Article 2 of the 1927 Geneva Convention states in relevant part: «If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

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.

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

The conditions for recognition and enforcement in the Convention establish a «ceiling», or maximum level of control, which Contracting States may exert over arbitral awards and arbitration agreements.

The Pechersky District Court of Kyiv recently granted enforcement of an SCC arbitral award in a case between Remington Worldwide Limited («Remington») and the State of Ukraine.

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

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 awards.

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

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.

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

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

One United States District Court found that an award for consequential damages was within the submission to arbitrate even though consequential damages were explicitly precluded by the terms of the underlying contract, in circumstances where consequential damages were included in the terms of reference and a reasoned award by the arbitral tribunal justified their application.823

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.

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).

The section features information on the enforcement procedures in various CIS states, a database of court judgements on the enforcements of SCC arbitral awards, e-books about arbitration in Sweden and samples of documents filed in arbitrations under the SCC Rules.

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

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.

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

Yet the enforcement of international arbitral awards continues to be one of the key challenges of the international arbitration system, complicated further where the non-complying award debtor is a state.

More recently, he has been instructed in relation to the enforcement of the arbitral awards in Yukos v Russian Federation (US$ 50 billion plus) involving issues of state immunity / lifting the corporate veil; PJSC Tatneft v Bogolyubov / Kolomoisky; Crescent Petroleum v National Iranian Oil Company (US$ 15 billion).

For example, though not explicitly stated in this decision, the high thresholds that must be met in order to refuse the recognition of an arbitral award in Ontario may represent the Court reinforcing their commitment to international comity in light of globalization trends.

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 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 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.

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.

Is your country a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?

The award can be enforced internationally through the provisions of the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, which more than 140 states have ratified.

As mentioned above, contracting States of the Convention should not impose more onerous conditions on the recognition or enforcement of international arbitral awards than those imposed on domestic arbitral awards.

According to the Convention, signatory States shall recognize arbitral awards as binding and do not require the confirmation of enforcement of a national court, so that the arbitral judgment would be protected and treated equally in all jurisdictions.

In which case, there should not be a distinction between the enforcement of domestic arbitral and international awards in the State where the enforcement is sought, on the base of reciprocity.

Article III6 of the Convention establishes that signatory States should not impose more difficult conditions, hurdles, or higher fees for the recognition of arbitral awards than they do for their domestic awards.

The New York Convention2, 1958 (hereinafter «the Convention»), establishes an effective recognition and execution system developed for international arbitral awards for the States parties.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Finally, para 4 of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment of an arbitral tribunal, the powers of arbitrators, the conduct of an arbitration procedure or any other aspects of such a procedure, nor to any action or judgment concerning the annulment, review, appeal, recognition or enforcement of an arbitral award.

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract - ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Declaration: «In accordance with article I (3) of the said Convention the Government of Kenya 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 Byelorussian Soviet Socialist Republic will apply the provisions of this Convention in respect to arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

The People's Republic of China will apply the Conven - tion, only on the basis of reciprocity, to the recognition and en - forcement of arbitral awards made in the territory of another Contracting State; 2.

The Union of Soviet Socialist Republics will apply the pro-visions of this Convention in respect of arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

«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.

Declarations: (a) The Republic of Venezuela will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State.

The Republic of Angola adopted a reservation pursuant to which the Country will only apply the Convention to arbitral awards issued in the territory of another contracting state and duly recognized by the Angolan 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.

With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties.

Declaration: On the Basis of reciprocity, the Kingdom declares that it shall restrict the application of the Convention to the recognition and enforcement of arbitral awards made in the territory of a Contracting State.

«In accordance with article I (3) of the said Convention the Government of Ireland declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State».

Upon ratification: On the basis of reciprocity, the Republic of Argentina will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State.