For example, the New York Convention allows member states to declare that they will
enforce foreign arbitral awards only from countries that will enforce those made in the declaring state: in short, a reciprocity clause.
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.
In the meantime, the DIFC Court Law (DIFC Law No. 10 of 2004) gives the Court of First Instance discretion to ratify and
enforce foreign arbitral awards within the DIFC.
There are several reasons for this, not the least of which is that Chinese courts consider it an insult to their sovereignty to
enforce foreign arbitral awards.
Summary: The appellant sought recovery of costs incurred through court proceedings to
enforce a foreign arbitral award.
Another approach to avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to
enforce a foreign arbitral award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.
Upon the Convention coming into force, the DIFC Court of First Instance will be bound to recognise and
enforce a foreign arbitral award upon the terms set out in the Convention.
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.
In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and
enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court.
Litigation partners Martin Flumenbaum and Brad Karp's latest Second Circuit Review column, «
Enforcing Foreign Arbitral Awards Against Alleged Alter - Egos,» was published March 29 in the New York Law Journal.
Not exact matches
However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to
enforce any judgment or
arbitral award made «by a
foreign court or tribunal and amenable to be
enforced at common law».
In some circumstances, other international treaties, or the domestic law of the country where enforcement is sought, will also apply to the question of whether a
foreign arbitral award should be recognized and
enforced.
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&
Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of
foreign awards&
foreign awards».
Pursuant to the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting
Arbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting s
Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far,
arbitral awards may be recognised and enforced in these contracting
arbitral awards may be recognised and enforced in these contracting s
awards may be recognised and
enforced in these contracting states.
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.
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 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.
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.
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.
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.
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.
David Alderson, LL.B, LL.MJanuary 15, 2016Arbitration, Casino Debt Recovery, Civil Litigation, Commercial Arbitration, Commercial Litigation, Creditors Rights, Cross-Border Litigation, Debt and
Enforcing Judgments, Enforcement of
Foreign Arbitral Awards, Enforcement of
Foreign Judgments, Forum Challenges, Jurisdictional Challenges, Loan and Guarantee, Of Interest to US Counsel1 Comment
As mentioned previously, some SPC proceedings, including capital punishment review and review of lower court rulings not to
enforce foreign or
foreign - related
arbitral awards, are not considered «court hearings.»
Yet, we expect more and more
foreign courts will recognise and
enforce Taiwan
arbitral awards so that Taiwan can take a more active role in the global market.
Counsel for German, Russian and American companies in proceedings to
enforce foreign judgments and
arbitral awards in Ontario.
Markus also has experience in
enforcing foreign judgments and
arbitral awards in Ontario.