Sentences with phrase «enforce your awards there»

«It's certainly not a lot of fun to try to enforce your awards there,» he says.

Not exact matches

Though the German courts recently ruled not to enforce the US court's decision (on the grounds that it considered the minimum statutory damages awarded to be excessive and punitive), Bossland ended sales for almost all of its hacks at the end of last year; as of today, the only ones remaining are for non-Blizzard games, specifically Final Fantasy XIV and Path of Exile, though according to the group's latest newsletter, there's a PUBG one tucked on the forums too.

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

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.

There is no public policy to refuse to enforce an award based on a contract during the course of the performance of which there has been a failed attempt at fraud.&rThere is no public policy to refuse to enforce an award based on a contract during the course of the performance of which there has been a failed attempt at fraud.&rthere has been a failed attempt at fraud.»

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

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.

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.

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.

The use of the word may gives the enforcing court a discretion as to whether to refuse to enforce an award that has been set aside and there is little consensus internationally on the approach to be adopted.

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 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.

● Were national courts precluded from deciding an issue due to an ASI, there would be a risk that those courts might later refuse to recognise and enforce any future arbitral award.

Even though Mr. Dahm has been awarded sole parental responsibility and timesharing with his daughter, without a firm procedure to enforce the Florida order, there is trouble enforcing the order.