Sentences with phrase «arbitral awards issued»

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.

About 100 abstracts of international arbitral awards issued in the field of distribution, by national and international arbitral institutions are available in this section.

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.

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 awards.

Not exact matches

It is quite fascinating to note that the topic I elected to write a thesis on more than 17 years ago remains a topical issue to the extent that a world leading institution such as the IBA has constituted a sub-committee, under the auspices of the IBA Arbitration Committee, to tackle public policy in relation to enforcement of arbitral awards, and the sub-committee issued an excellent report last year on the matter.

There is a strong case for arbitral institutions to recognise and reflect on the public policy issues that lay behind the exclusion of all funding elements from costs awards in civil litigation.

Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning enforcement of judgments and arbitral awards in our four jurisdictions.

See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).

[2] The analysed awards were not only issued under the ICC Rules of Arbitration, but also under the rules of other arbitral institutions, such as the CIETAC, the HKIAC, the DIS, the ICDR, the LCIA, the PCA, the SCC and the SIAC.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

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

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such awards.

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

The Convention was concise, composed of only 16 Articles, and dealt with two issues: the enforcement of the agreement to arbitrate and the enforcement of the resulting arbitral award.

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

Summary: The appellant appealed to a judgment of the Svea Court of Appeal, alleging that a Swedish arbitral award was invalid, as it resolved non-arbitrable issues breaching Swedish and Russian...

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).

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

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.

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.

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).

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.

However, the proposition that the damages sought in the Canadian proceeding must relate directly to the commercial activity at issue raises a troublesome question: can the commercial activity exception properly apply to the enforcement of foreign judgments and arbitral awards?

7 Art. 103, General Organic Code of Processes (2015): The court judgments, arbitral awards and acts of mediation issued abroad, whether or not they have been homologated and issued in an adversarial proceedings, will have in Ecuador the same treatment as they have in the current international treaties and conventions -LRB-...).

Reports or copies of arbitral awards addressing procedural or other issues of importance in international arbitration;

Unlike an appeal, a party can not challenge an award based on any issue related to the merits of the award; rather, a challenge will be successful only if the arbitral award was delivered in violation of one of the limited grounds listed in Article 216 of of the Federal Law No. 11/1992 Concerning the Civil Procedures Law (as amended)(«the CPC»).

In such a fashion, courts should only intervene in order to assist the tribunal (e.g. the arbitral tribunal is not empowered to issue precautionary measures) or to control the lawfulness - not the merits - of the award (e.g. annulment action).

Acting and advising in a challenge to an LMAA arbitral award under 68 of the Arbitration Act, on the grounds that the tribunal had failed in their duty to act fairly and impartially and failed to consider all the issues which were put to it.

In this case, just prior to the arbitral tribunal issuing a $ USD 300 million award in favor of Commisa, the Mexican government passed two laws that directly affected the dispute.

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?

Extending the certainty offered under regimes such as the Alberta Reciprocal Enforcement of Judgments Act to all international arbitral awards is not only beneficial because it ensures regulatory consistency, but would also be commercially desirable, helping to avoid costly litigation such as the case at issue here.

In Yugraneft, there is no such issue, as domestic arbitral awards are subject to a mandatory two - year limitation period under the Alberta Arbitration Act, and the Alberta Court of Appeal has ruled that international arbitral awards are also subject to a two - year limitation period.

The issues before the SCC in this case highlight the existence of problematic gaps in Canadian legislation with regard to the procedural status of international arbitral awards.

21 August 2012 «The State of Honduras will apply the Convention to the recognition and execution of arbitral [awards] issued in the territory of another Contracting State.

(1) Where, upon the application of a party for recognition of an arbitral award, the DIFC Court decides that the award shall be recognised, it shall issue an order to that effect.

Counsel for the Attorney General of Belize before the Caribbean Court of Justice on issues of constitutional law connected with the enforcement in Belize of an arbitral award in favour of Belize Bank Limited.

The arbitral tribunal has the power to take appropriate measures, including issuing an order or award for sanctions or costs, if a party breaches the provisions of paragraphs 6 and 7 of this article.

In Maximov v NMLK the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been...

(iii) the making of the final award was induced or affected by fraud or corruption as the underlying contract in the arbitral proceedings was procured by bribes (the «Public Policy Issue «-RRB-.

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»),...

In addition to her trial and appellate experience, Elaine is skilled in arbitration matters (ICC, AAA, JAMS, FINRA and other self - regulatory organizations), litigates challenges to arbitral awards under both the FAA and state equivalents, and litigates issues regarding arbitrability of claims.

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.

2011), addresses a key issue in international practice, especially attempts to enforce international arbitral awards in the context of motions to dismiss on forum non conveniens grounds.

In this issue: New LCIA rules come into effect; The importance of the link between mediation and arbitration; Challenging enforcement of an arbitral award in Australia (1); Challenging enforcement of an arbitral award in Australia (2); News; Conferences and events.

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.

In this issue: Arbitration in China: the final chapter of the CIETAC schism; Challenging enforcement of an award and partial enforcement in Australia; Challenging enforcement of an arbitral award in Singapore; Conferences and events

Join us to discuss (a) the enforcement of English judgements and arbitral awards in Russia / CIS and vice versa (b) statute of limitations issues arising in CIS jurisdictions and (c) recent trends in investment arbitrations involving CIS states and CIS investors.

The result of the arbitration would be a conclusive and binding arbitral award addressing outstanding legal issues.