2011), addresses a key issue in international practice, especially attempts to
enforce international arbitral awards in the context of motions to dismiss on forum non conveniens grounds.
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.
Enforcing International Arbitral Awards Vis À Vis Ecuadorian General Organic Code of Processes
Not exact matches
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.
In addition to his arbitration practice, Mr. Pierce represents clients in complex
international civil litigation matters in US courts, including efforts to
enforce, or resist enforcement of,
international arbitral awards.
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.
Presenter, «
Enforcing and Challenging
Arbitral Awards in the United States,» Istanbul Conference on
International Dispute Resolution - A Global Perspective, November 2007
Moderator, «What You Need to Know About
Enforcing Your
Arbitral Award Abroad,» Tenth Annual
International Litigation and Arbitration Conference, Florida Bar
International Law Section, February 2012
Author, «
Enforcing and Challenging
Arbitral Awards in the United States,» Proceedings, Istanbul Conference on
International Dispute Resolution: A Global Perspective (Beta Basim A.S. 2008)
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 T
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
arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and T
awards can be
enforced, see the discussion of «Enforcement and Recognition of
Arbitral Awards» in our e-book, International Practice: Topics and
Arbitral Awards» in our e-book, International Practice: Topics and T
Awards» in our e-book,
International Practice: Topics and Trends.
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.