Sentences with phrase «enforce an award under»

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

Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $ 1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.

Representing CIS clients in obtaining twelve overseas arbitration awards, and then enforcing those awards under the New York Convention against bank accounts / assets in various countries, including the appointment of English liquidators and BVI Receivers.

Not exact matches

Dr. Natividad N. Relucio Clavano is hereby awarded the Order of the Golden Heart in the field of Pediatrics, where she pioneered in Young Child Feeding with her work in the «Under - Five Clinic National Program,» and in Infant Feeding with her work on the «Baby - Friendly Hospital Initiative» (subsequently replicated in 192 countries) which made her famous all over the world, where she banned infant formula milk from the Maternity Ward of Baguio General Hospital and enforced a regime of «rooming - in» of the infant.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

The Secretary shall award a grant under this section to any State that enacts and enforces a statute that meets the requirements set forth in subsections (b) and (c).

The Administrator may pay an award, not to exceed $ 10,000, to any person who furnishes information or services which lead to a criminal conviction or a judicial or administrative civil penalty for any violation of this subchapter or subchapter III, IV — A, V, or VI of this chapter enforced under this section.

Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.

A non-domestic award is further one where the award is made in the enforcing state under the laws of another state or because the arbitration contains a foreign element.

Article V (1)(c) is the only article in the Convention which expressly states that courts may partially enforce an award when there are grounds for refusing to recognize or enforce some aspects of the award.834 Courts have referred to the principle for partial enforcement expressed in article V (1)(c) to partially enforce awards in connection with challenges brought under other provisions of the Convention.

She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards».

Unanimously allowing the appeal, nothing in s 103 (2) or (3)(or in the underlying provisions of article V of the New York Convention) provides a power to make an enforcing court's decision on an issue raised under these provisions conditional on an award debtor providing security in respect of the award.

In relation to an award by an employment tribunal or sum due under an ACAS settlement, the High Court and County Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High Court or county court where the sum involved is less than # 5,000.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $ 1 billion ICSID Additional Facility arbitral award.

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

Represented a foreign company in defense of an action in the U.S. District Court for the District of Columbia to have an approximately $ 200 million UNCITRAL Rules arbitral award recognized and enforced under the New York Convention.

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.

Although the text finds that the EU proposal is not compatible with the ICSID Convention, it also argues that the proposal meets the definition of» arbitration» under the New York Convention, which means that the resulting awards could probably be enforced under that convention instead.

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.

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Court.

Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.

In this case, the award was enforced under the Inter-American Convention on International Commercial Arbitration 1975, however the grounds relied on for enforcement are analogous to those contained in the NYC.

Some foreign practitioners have had the perception that UAE courts are reluctant to recognize and enforce awards in general, and in particular, foreign awards under the NYC.

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 Claimants made a number of points in relation to service: first, they said that the Riyadh Convention was permissive in providing for service or notification by the means set out, not mandatory; secondly, they said that if it was mandatory it did not set out the documents which had to be served or notified in the prescribed manner, which was a matter for the DIFC Court; thirdly, and as an overriding point, if the KRG was not immune from suit, there had to be some way to enforce the Awards and the KRG could not be allowed to stymie service or notification under the Riyadh Convention by effectively claiming sovereign immunity unjustifiably.

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.

(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.

Awards recognised by the DIFC Court may be enforced outside the DIFC in accordance with the Judicial Authority Law and recognition under this Law includes ratification for the purposes of Article 7 of the Judicial Authority Law.

The fact that the exercise of Article 10 powers or their purported exercise may give rise to a conflict with the rights of the citizen under Article 3 or a conflict between the UAE's obligations under the New York Convention to enforce an Award can not affect the question whether or not the Court can order a means of service which is not in accordance with the sole means of service prescribed by Article 6.

In his view, Lord Mance said the Court of Appeal had erred with its justification that an enforcing court could make the decision, under the provisions of s103 and article V of the New York Convention, of an issue raised under either subsection, conditional upon the provision of security by the award debtor in respect of the award, there were no such provisions in either s103 nor article V.

Since the award was issued, IPCO has repeatedly sought to have it enforced in the UK under the New York Convention 1958.

under sections 67, 68 and 69); and proceedings to enforce both foreign and domestic awards.

This means that all three tiers of the Dubai Courts, having considered the applicability of the New York Convention, refused to recognise and enforce two ICC Paris arbitration awards on the ground that under the UAE's procedural laws the Court had no jurisdiction.

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.

Enforcing an arbitration award under the Arbitration Act 1996 can prove a bumpy ride, as Clare Arthurs & Margaret Tofalides explain

· Military Divorce: Enforcing State Court Awards under USFSPA at: http://peoples-law.org/military-divorce-enforcing-state-court-awards-und...

The IPR Arbitration Bill amends the Arbitration Ordinance to clarify that disputes involving IPRs can be resolved through arbitration under Hong Kong law and that it is not contrary to the public policy of Hong Kong to enforce arbitral awards involving IPRs.

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.

In so far as reliance placed by the learned senior counsel for the respondent in case of Kanoria and others vs. Guinness reported in (2006) 1 Llyod's Law Reports 701 in support of the submission that though petition under section 34 challenging a foreign award in India had failed, English Court of Appeal had refused to enforce foreign award on the ground that aggrieved party who was not given due notice of plea of fraud and was unable to represent its case is concerned, a perusal of the judgment indicates that the Court of Appeal had rendered a finding that the aggrieved party who was unable to represent its case and had refused to enforce the foreign award.

In the event Florida Realtors is the prevailing party in any suit by or against You to enforce or interpret this Agreement, You agree that, in addition to any other relief that may be appropriate under the circumstances, the court shall enter an award in Florida Realtors» favor for Florida Realtors» attorney's fees and litigation costs and expenses incurred in prosecuting or defending such litigation