Sentences with phrase «enforce an arbitration award for»

-- Instructed by Orrick, Herrington & Sutcliffe LLP LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to enforce an arbitration award for in excess of # 50 million against an Indian entity.

-- Instructed by Orrick, Herrington & Sutcliffe LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to enforce an arbitration award for in excess of # 50 million against an Indian entity.

Not exact matches

Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the award, saying the court had jurisdiction because the ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

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

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.

Accordingly, the procedure for enforcing or setting aside an international arbitration award made in Myanmar is uncertain.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

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

Represented the prevailing party in an ICC arbitration in enforcing in the U.S. District Court for the District of Massachusetts a multi-million dollar arbitral award under the New York Convention.

Claimants who embark upon litigation or arbitration sometimes find that they need to unlock the value of their claim before the final hearing or before an award has been enforced, whether to alleviate cash - flow pressure elsewhere, or provide working capital for the business during the life of the claim.

Shelbaya agrees that the Egyptian courts adopt a «liberal approach to arbitration», putting in place «stringent criteria» for the setting aside of an arbitral award, as well as routinely recognising and enforcing foreign awards in Egypt.

He reached the conclusion from combined reading of sections 2 (c), 2 (k) and section 3 of the Act that the intention of the legislature was that the scope of the Act would be limited to within the territory of Bangladesh, except for the scope to enforce of an award passed in a foreign arbitration, pursuant to the section 3 (2) read with section 45, 46 and 47 of the said Act.

The Dubai International Arbitration Centre has also confirmed that Dubai Decree No. 57 for 2009 (which established the Tribunal) does not affect disputes where the parties have agreed to have the dispute determined by arbitration although any resulting arbitration award has to be enforced through the Tribunal.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

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.

(3) for international arbitrations, having an award issued within the DIFC, a jurisdiction within the UAE, will mean that parties can take advantage of the New York Convention in enforcing the award

(a) The Defendant (the «KRG») applied on 3 July 2017 to set aside the Order of this Court made ex parte on 29 May 2017 by which it recognised and, subject to its terms, enforced two arbitration awards made in London under the auspices of the LCIA and permitted alternative service of the order made and other documents on the KRG's London solicitors who had acted for them in the arbitration.

Kettani notes that aside from introducing these major reforms, the Moroccan government also schedules regular training and seminars for judges to encourage them to support arbitration proceedings and to enforce awards accordingly.

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.

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

Acting for a US - based investment fund enforcing a London arbitration award in Tanzania resulting in payment

In response to this, the ULCC previously added wording enumerating the specific purposes for which a court could intervene: to assist the arbitration process, to ensure the arbitration is in accordance with the parties» agreement, to prevent unfair or unequal treatment or to enforce awards.

When a specialized trial division, after review, has ruled to recognize and enforce a Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration award, recognize and enforce a foreign arbitral award, the enforcement shall be transferred to the enforcement departments for enforcement.

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

The Arbitration Law is also expected to modernise the UAE's arbitration regime and bring it more in line with international best practice; currently, there are just 16 provisions governing arbitration in the UAE, set out in Articles 203 to 218 of the CPL.. These are broadly drafted and a key concern for arbitrating parties has been the wide scope for challenges permitted (or at least not expressly prohibited) under the CPL; it is not uncommon for parties to face several months (if not years) of litigation in order to enforce arbitral awards in the UAE.

For those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a heariFor those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearifor eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearing.

For domestic arbitrations, section 52 (3) of the Ontario Arbitration Act, 1991 provides that an application to enforce the award must be made within two years of the date that the applicant receives the award.

Another change requires associations, if they don't escrow funds because of the cost, to adopt their state's «aggressive and cost - effective» procedures for enforcing arbitration awards.