Sentences with phrase «arbitration awards recognition»

His practice covers a wide range of PRC law issues with a focus on litigation at different levels of PRC courts and arbitration matters in PRC including cross-border litigation and arbitration proceedings, and foreign arbitration awards recognition and enforcement in China.

Yun has a wide range of PRC legal practice with a focus on litigation at different levels of PRC court and arbitration matters in PRC including foreign arbitration awards recognition in China.

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 arbitRecognition 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 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 arbitral aawards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitrecognition and enforcement of arbitral awardsawards.

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 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.

Article 2 (c) of the 1927 Geneva Convention states: «Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied: -LSB-...](c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.»

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

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.

Article V (1)(c) finds its roots in article 2 (c) of the 1927 Geneva Convention.792 The language at the outset of article V (1)(c), providing a ground for refusal of recognition or enforcement of awards exceeding the scope of the arbitration agreement, is largely unchanged from its counterpart in the 1927 Geneva Convention.

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

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.

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

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».

Almost 60 years after its creation, the New York Convention continues to fulfil its objective of facilitating the recognition and enforcement of foreign arbitral awards, and in the years to come, will guarantee the continued growth of international arbitration and create conditions in which cross-border economic exchanges can flourish.

Professor (Dr.) Albert Jan van den Berg, founding partner at Hanotiau & van den Berg, the world - class international arbitration boutique firm, spoke at the third annual Carolyn Lamm / White & Case International Arbitration Lecture at Miami Law, delivering «Reflections on the 60th Anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.»

The drafters of the New York Convention further built on the 1927 Geneva Convention by explicitly allowing for severability of the part of the award dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration, in order to permit recognition and enforcement of the part of the award containing decisions on matters submitted to arbitration.

Summary: The appellant moved the Supreme Court to grant its application for recognition and enforcement of an arbitration award rendered by the International Centre for Dispute Resolution in New...

Our work has included obtaining the recognition and enforcement of four AAA arbitral awards through proceedings conducted before and after the enactment of the Dominican commercial arbitration law, which have become landmark cases in the Dominican Republic.

In particular, while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral awards with regards to international trade and investment.

Noting the success that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) has achieved for international arbitration, supporters of a conciliation convention are eager for UNCITRAL to develop an equivalent measure for international conciliation.

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.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

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

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 homologation process might result in the non-enforcement of every single international arbitration award, since the GOCP has established an opportunity for the losing party to oppose the recognition.

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-.

The advocate - general proceeded to state that his conclusion that anti-suit injunctions in support of arbitration are permitted by the Brussels I (recast) is supported by the fourth paragraph of recital 12, which states that the Regulation should not apply to an action or ancillary proceedings relating to, in particular, the conduct of an arbitration procedure or any other aspects of such a procedures not to the recognition or enforcement of awards.

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.

Moreover, under Article 238 of the UAE Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards.

Giving guidance to foreign and Chinese clients on the conduct of arbitration before LMAA for purpose of securing recognition and enforcement of foreign arbitration awards in China.

(3) For the purposes of the recognition or enforcement of any award within the DIFC, an original award or an original Arbitration Agreement shall be duly certified if it is a copy that is certified in the manner required by the laws of the jurisdiction in the place of arbitration or elsewhere.

Advised on the conduct of arbitration before LMAA for the purpose of securing recognition and the enforcement of foreign arbitration awards in China.

Equally under Article 238 of the Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards in the UAE.

As EU law is according to Eco-Swiss a public policy ground which requires national courts to review arbitral awards for their compatibility with EU law, this means that any arbitral awards where the arbitration seat is in an EU Member State, or the recognition and enforcement of the award in an EU Member State is sought, can be successfully challenged in front of national EU courts.

In this case, the Court addressed questions of when federal courts can enforce arbitration awards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Tawards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Tawards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and TAwards» in our e-book, International Practice: Topics and Trends.

In a recent landmark judgment handed down by the Dubai Court of Appeal, Holman Fenwick Willan's (HFW) Middle East shipping team, including Partner Yaman Al Hawamdeh and Associate Anas Al Tarawneh, has successfully obtained a judgment ordering the recognition and enforcement of a London arbitration award in the UAE.

A party seeking recognition and enforcement of a New York Convention award must produce (i) the duly authenticated original award or a duly certified copy thereof, and (ii) the original arbitration agreement or a duly certified copy thereof (section 102 (1)-RRB-.

The ease of recognition and enforcement of arbitration awards, compared to court judgments in foreign courts is often seen as one of the key advantages to arbitration.

11.3 What is the approach of the national courts in your jurisdiction towards the recognition and enforcement of arbitration awards in practice?

Representation of the client in court proceedings for recognition and enforcement of a foreign arbitration award in Germany.

Please see our webpage on the recognition and enforcement of judgments and arbitration awards.

Another important change in the New ICAA is the creation of a ten - year limitation period for the recognition and / or enforcement of international commercial arbitration awards.

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.

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.

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 arbitRecognition 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 aAwards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitrecognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitrecognition and enforcement of foreign and non-domestic arbitral awardsawards.

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