When Achmea decided to
enforce the award before German courts, the German Federal Court of Justice asked the European Court of Justice whether the ISDS mechanism in the Slovak - Netherlands investment agreement was compatible with the EU Treaties.
[correction 22 March 2018: the post previously mentioned that Achmea had sought to
enforce the award before German courts, but it was the Slovak Republic that brought the action]
Not exact matches
Further, where an application to set aside the arbitral
award was pending
before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to
enforce the parts of the
award that were not subject to challenge.836
An arbitral
award was rendered in India against a United States corporation, which argued
before the Court that it should not be
enforced in the United States on grounds that India would not have
enforced the
award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats
awards rendered in India in favour of Indian parties in a similar manner.
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.
Since 2004, IPCO has repeatedly sought to
enforce the
award in England
before the proceedings in Nigeria have been concluded.
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.
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.
(11) of 1992 (the «CPC») stipulates that the ratification of domestic
awards by the courts is necessary
before the
award may be
enforced.
The evidence of Mr Benson in his 3 witness statements, to which I have referred, and the conduct of the KRG
before and in the arbitration and in relation to the attempts of the Claimants to
enforce the
Awards reveal a defendant who is prepared to take whatever steps it can to avoid payment of sums due to the Claimants.
In the past decade, it has handled some of the most high - profile arbitrations as well as ancillary proceedings to
enforce, or resist the enforcement of, arbitral
awards before the English, Hong Kong and, through the Stephenson Harwood (Singapore) Alliance, Singapore courts.
In the past decade, it has handled some of the most high - profile arbitrations and proceedings to
enforce, or resist the enforcement of, arbitral
awards before the English, Hong Kong and Singapore courts.