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...
Advising several hedge funds in successfully applying to set aside
an arbitration award rendered against them.
In a decision recently posted on the Swedish Arbitration Portal, the Swedish Supreme Court held that
an arbitration award rendered by the International Centre for Dispute Resolution in New York could be enforced in Sweden, even though the respondent had not participated in the proceedings.
Not exact matches
Costs of
arbitration, including reasonable attorney's fees incurred in
arbitration as determined by the Arbitrator, together with any reasonable attorney's fees incurred by prevailing party in Court enforcement of the
arbitration award after it is
rendered by the Arbitrator, shall be paid to the prevailing party by the party designated by the Arbitrator or Court.
Judgment upon the
award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
Consequently, where an arbitral tribunal has
rendered an
award which decides matters beyond the scope of the
arbitration agreement, there is a ground for refusing to enforce an
award under article V (1)(c).799
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.
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
For instance, the Supreme Court of Spain enforced an
award rendered by a sole arbitrator appointed by one of the parties, where the party opposing enforcement had refused to appoint a co - arbitrator.883 Similarly, a United States court enforced an
award rendered by one of the party appointees as a sole arbitrator where the other party chose not to participate in the
arbitration.884
Although the parties executed the document, which was entitled «civil mediation agreement,» plaintiffs» counsel wrote to the retired judge to point out that although the document «refer [red] to this proceeding as a «mediation,»» plaintiffs «believe [d] that it is properly an
arbitration proceeding for which you will be asked to
render an
award.»
The
arbitration award was in excess of her insurance coverage, and the insurer tendered the limits after the
arbitration decision was
rendered.
After the proceedings concluded, the retired judge
rendered an
arbitration award, which directed that the Association hire a contractor to make certain repairs and advance the funds for the work subject to reimbursement from numerous other affected lot owners who were not parties to any of the prior proceedings.
With litigation being a major forte, TianTong also
renders professional service relating to
arbitration, enforcement of judgement or arbitral
awards and providing Chinese law expert opinions in foreign - related litigation and
arbitration proceedings.
In case of disputes between parties of different countries, rather than resolving the dispute in the court of one party's home country,
arbitration with a binding
award where neutral and private arbitrators
render an
award is the best method.
BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating
arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law,
rendering moot Argentina's bid for clarity on the issue.
The BVI IAC is the only body authorised to administer
arbitrations under these Rules and to scrutinize and approve
awards rendered pursuant to these Rules.
(1) If the claimant is properly notified but fails to attend the hearing, the
arbitration tribunal may proceed to
render a final
Award with or without a hearing.
The arbitral
award is to be
rendered according to the procedures agreed to between the parties and the provisions of the
arbitration law.
Application for enforcement of the arbitral
award should be submitted to a competent judge along with a copy of the
arbitration agreement, original
award and certified translation of the
award if the
award is
rendered in English, unless the parties agree on alternative means of enforcement of the judgment.
Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be resolved by confidential binding
arbitration in Nashville, Tennessee in accordance with the Supplementary Procedures for Consumer - Related Disputes of the American
Arbitration Association (http://www.adr.org/sp.asp?id=22014), and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
While
arbitration awards may, at times, involve significant sums of money, they differ from the decisions
rendered by ethics hearing panels in two significant ways.
Procedural note: The sole issue for the Procedural Review Hearing Tribunal to decide is whether the
arbitration procedures utilized in
rendering the
Award of Arbitrators afforded all parties due process.
While this might be beneficial, at least in the sense that the non-prevailing party might understand, if not appreciate, the basis on which the
award was based, there has been an on - going concern that, given the task of comprehensively and accurately articulating all of the acts and factors that are taken into account by an
arbitration panel in
rendering its
award, there might be an understandable (and possibly unavoidable) tendency to oversimplify or generalize the basis on which an
award was made, with the resulting explanation or rationale or «findings», whether written or oral, being relied on by the non-prevailing party (and likely by others) as «precedent» to be introduced and relied on at future
arbitration hearings.
Enforcement: If a member fails to comply with an
award or the terms of a mediated settlement agreement, the recipient to whom the
award has been
rendered by the
arbitration panel or the beneficiary of a settlement agreement reached by the parties in mediation, shall be advised by the panel to seek judicial enforcement and request reimbursement of all legal costs incurred in seeking such enforcement.
The obligation to arbitrate established in Article 17 includes disputes between REALTORS ® (principals) in different states in instances where, absent an established inter — association
arbitration agreement, the REALTOR ® (principal) requesting
arbitration agrees to submit to the jurisdiction of, travel to, participate in, and be bound by any resulting
award rendered in
arbitration conducted by the respondent (s) REALTOR ®'s association, in instances where the respondent (s) REALTOR ®'s association determines that an arbitrable issue exists.