In the meantime, the DIFC Court Law (DIFC Law No. 10 of 2004) gives the Court of First Instance discretion to ratify and enforce foreign
arbitral awards within the DIFC.
Nevertheless, the Court of Appeals does recognize public policy as a potential ground for vacating
an arbitral award within the new statutory «on other reasonable ground [s]» provision.
In the spirit of this overall duty, the FAI Rules impose a number of obligations on the arbitral tribunal and the parties that are designed to reduce time and costs of the proceedings, including an obligation on the arbitral tribunal to render the final
arbitral award within nine months from the receipt of the final award.
Not exact matches
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
The scope was further refined such that «[s] ettlement agreements reached during judicial or
arbitral proceedings but not recorded in a judicial decision or an
arbitral award should fall
within the scope of the instrument.»
Generally, all you have to do to enforce an
arbitral award under the Act is make a court application
within two years receiving the
award.
Regarding the
arbitral awards rendered in 2017, the following can be observed: Under the Arbitration Rules, 28 % of
awards were rendered
within 6 months of referral, 44 %
within 6 - 12 months; under the Expedited Rules, 54 % of
awards were rendered
within 3 months, and 38 %
within 3 - 6 months of referral.
While we will be featuring posts over the coming days on this
award that dissect and analyze the
award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this
arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert
within the UNCLOS treaty regime;
(1) An
arbitral award, irrespective of the State or jurisdiction in which it was made, shall be recognised as binding
within the DIFC and, upon application in writing to the DIFC Court, shall be enforced subject to the provisions of this Article and of Articles 43 and 44.
The
arbitral tribunal may extend, if necessary, the period of time
within which it shall make the
award.
If a party, duly invited by the
arbitral tribunal to produce documents, exhibits or other evidence, fails to do so
within the established period of time, without showing sufficient cause for such failure, the
arbitral tribunal may make the
award on the evidence before it.
The
arbitral tribunal may
within 30 days after the communication of the
award make such corrections on its own initiative.
Within 30 days after the receipt of the
award, a party, with notice to the other parties and the Secretariat, may request that the
arbitral tribunal give an interpretation of the
award.
Within 30 days after the receipt of the
award, a party, with notice to the other parties and the Secretariat, may request the
arbitral tribunal to correct in the
award any error in computation, any clerical or typographical error, or any error or omission of a similar nature.
If the
arbitral tribunal considers the request for an
award or additional
award to be justified, it shall render or complete its
award within 60 days after the receipt of the request.
In fact, the Singapore High Court went further to state that it would be an abuse of process to allow a party who had raised a jurisdictional challenge but chose not to participate in most part of the arbitration, to wait till the opposing party goes through the entire
arbitral process, obtains an
award, only to be met by a setting aside application at the seat when it could have done so
within the 30 - day period under Article 16 (3) of the Model Law.
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.
27 (1) If the party who commenced the arbitration does not submit a statement
within the period of time specified under subsection 25 (1), the
arbitral tribunal may, unless the party offers a satisfactory explanation, make an
award dismissing the claim.
The petition for annulment should be initiated
within one month from the date the
arbitral award is issued.
The
arbitral award should be given to the parties
within fifteen days of rendering the judgement.
Finally, the claimant submitted that, all else failing, the case could be brought
within one of the heads of CPR 6.20, namely «(9) a claim... made to enforce any judgment or
arbitral award».