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.
Not exact matches
Indeed,
arbitration now seems to be
commercial parties» first choice for dispute resolution in view of obvious benefits such as the clear policy of finality of arbitral
awards, as well as confidentiality of arbitral proceedings.
While
commercial parties may turn to
arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional
arbitration rules within the
arbitration agreement and conducting the
arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the
award by way of appeal on a question of law in the context of domestic
arbitrations.
The
Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international
commercial disputes in a fair and effective manner, recognise and enforce international arbitral
awards and encourage dispute resolution by
arbitration.
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.
[2014] EWHC 3704 (Comm) The
Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to enforce an
arbitration award against, among others, non-parties to -LSB-...]
This includes inter-state litigation in relation to
commercial contracts, the interpretation of treaties and state immunity under the State Immunity Act 1978, particularly in the context of enforcement of
arbitration awards against states.
Albania is party to many
arbitration conventions (New York Convention, European Convention on International
Commercial Arbitration, ICSID, UNCITRAL) and Albanian courts are generally in their track record of recognizing foreign arbitral
awards.
Nowhere is the policy underlying
commercial arbitration more important than where an appellate court subjects an arbitral
award to judicial scrutiny.
Acting (led by Joe Smouha QC) in proceedings in the
Commercial Court concerning the enforcement of a New York Convention
arbitration award.
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.
Appearing in the
Commercial Court in respect of CPR Part 71 examination on behalf of the officers of a company subject to a substantial unsatisfied
arbitration award.
A 3 - day LMAA
arbitration against a QC; Ravi also defended the subsequent challenge to the
award in the
Commercial Court.
2 The New York Convention (1958), -LRB-...) is the centerpiece in the mosaic of treaties and
arbitration laws that ensure acceptance of arbitral awards and arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRAT
arbitration laws that ensure acceptance of arbitral
awards and
arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRAT
arbitration agreements (INTERNATIONAL COUNCIL FOR
COMMERCIAL ARBITRATIONARBITRATION, 2011).
[71]
Commercial parties in particular are urged to exclude «to the fullest extent» [72] the availability of appeal in their
arbitration agreements and to fully embrace arbitral
awards as final.
He also regularly appears in the English
Commercial Court in many
arbitration applications, ranging from anti-suit injunctions to issues concerning the bias of an arbitrator (see, e.g., AT&T v Saudi Cable Company) to enforcement of
awards.
«I welcome enquiries concerning large, complex litigation and
arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and
commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and
arbitration awards in Ontario.»
After the appellants failed to appear at the German
arbitration and the Ontario application to enforce the German arbitral
award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International
Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral
award to supply a certified copy of the original
award to the application judge.
This database provides the most extensive collection of judicial opinions and arbitral
awards from around the world in the field of international
commercial arbitration.
The
Arbitration Act, 1991 (the «Act») provides for a thirty day time period to appeal the
arbitration award while the International
Commercial Arbitration Act (the «ICAA») provides for a longer three month time period.
Banking and financial markets cases / Securities and shareholder disputes / International
arbitration / Professional negligence / Competition and anti-trust / Trust litigation / Intellectual property / Insolvency / Insurance / Tax / Group and class actions / General
commercial disputes / Fraud / Shipping and international trade / Enforcement of judgments and
awards
Commercial Arbitration and Investor - State
Arbitration under the rules of one of the major international
arbitration institutions, such as the ICC, LCIA or ICSID and subject to a wide range of laws can be financed in a variety of venues, against respondents whose assets appear to be available to satisfy any
award.
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.
The amendments (ss.2 (e) and 47) confer jurisdiction to hear all questions relating to international
commercial arbitrations, including applications for the enforcement of foreign
awards, to the High Courts (i.e., the highest court in each state).
Zavod Ekran Oao v Magneco Metrel UK Ltd [2017] EWHC 2208 (Comm); [2017] Lloyd's Rep. Plus 83 Action by the Claimant to enforce a Russian
arbitration award of the International
Commercial Arbitration Court.
Michael Wilson & Partners Limited v Emmott: [2011] EWHC 1441 (Comm) Acted for the applicant in the
Commercial Court challenging an
arbitration award under ss 68 and 69 of the
Arbitration Act 1996 involving allegations of diversion of corporate opportunities and secret commissions against a partner of a law firm.
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.
Because investment
awards, unlike their
commercial arbitration counterparts, regularly become public, they develop into focal points that are invoked by counsel and used in the reasoning of arbitrators.
Even though Alphamix concerned a domestic arbitral
award, the attitude of the Judge in scrutinizing the arguments against the enforcement of an
award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their
commercial disputes resolved by way of
arbitration, that they should take
arbitration proceedings and arbitral
awards made against them seriously.
Key Singapore: applications to the
Commercial Court under sections 67,68 and 69 of the
Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to
arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an
award on costs only.
Bonnie Smithwick: LMAA
commercial arbitration and related court proceedings concerning a freezing injunction and priorities as between the lending bank and a potential
award creditor.
The British Columbia Court of Appeal (in a recent case identified as United Food &
Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd.) has confirmed that there is no general right for grievors or witnesses to avoid having their names disclosed in labour
arbitration awards.
In this issue: The development of
arbitration in the Asia - Pacific region; The English
Commercial Court refuses to enforce a New York Convention
award; Further development of Dubai as a regional
arbitration hub: the launch of EMAC (Emirates Maritime
Arbitration Centre); Removal of an arbitrator due to lack of impartiality: a recent English
Commercial Court case; Conferences and events
Services in the
Arbitration Practice include serving as local counsel in connection with international
commercial arbitrations, assisting in matters relating to the enforcement of foreign arbitral
awards and representing clients in
arbitration proceedings.
In B.C. the scope of appellate intervention in
commercial arbitration is narrow: there is limited jurisdiction for appellate review of
arbitration awards because B.C. is statutorily limited to questions of law (
Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to
arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).
representing an international oil company in an AAA / ICDR
commercial arbitration (New York seat) relating to rights and remedies pursuant to an agreement governed by New York law to share costs and monetary
awards of investment
arbitration against a South American state (claim US$ 500 million)
Handled labor and employment
arbitration, including 2014 employment
arbitration resulting in defense
award, and
arbitrations resulting in six - figure recoveries for clients on cross-claims or
commercial disputes.
Section 2 (1) of the New ICAA explicitly states that the New York Convention «has force of law in Ontario in relation to arbitral
awards or
arbitration agreements in respect of differences arising out of
commercial legal relationships.»
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 arbitral a
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
awardsawards.
BS (2012): LMAA
commercial arbitration and related court proceedings concerning a freezing injunction and priorities as between the lending bank and a potential
award creditor.
The database already contains a large collection of laws, treaties, agreements,
awards and other primary materials related to
commercial and international
arbitration.