Sentences with phrase «enforce the arbitration award under»

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

Not exact matches

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.

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

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.

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.

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.

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-.

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.

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.

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.

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.