Not exact matches
As part
of China, Hong Kong is also a Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbit
Enforcement of Foreign
Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral a
Awards (the New York Convention) Contracting State, ensuring that
arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral
arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral a
awards issued
where the seat
of arbitration is Hong Kong benefit from this internationally renowned system
of mutual recognition and
enforcement of arbit
enforcement of arbitralarbitral awardsawards.
Article 2
of the 1927 Geneva Convention states in relevant part: «If the
award has not covered all the questions submitted to the
arbitral tribunal, the competent authority
of the country
where recognition or
enforcement of the
award is sought can, if it think fit, postpone such recognition or
enforcement or grant it subject to such guarantee as that authority may decide».
Article V (1)(d) provides that the composition
of the
arbitral authority must have been in accordance with the agreement
of the parties, or in the absence
of an agreement, the law
of the country
where the arbitration took place, failing which recognition and
enforcement of the
award may be refused.
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
Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court
of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the
arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing
enforcement of an
award, which was not possible in circumstances
where no
award had been issued, and also unlikely
where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting
arbitral award absent any counterclaims.839
The New York Convention, however, limits the scope
of article V (1)(c) by omitting language found in article 2
of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the
enforcement of awards,
where the
award did not cover all the questions submitted to the
arbitral tribunal.793
Although article V (1)(d) moves beyond the text
of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law
of the country
where the arbitration took place at the recognition and
enforcement stage.854 As explained in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level
of control, which courts
of the Contracting States may exert over foreign
arbitral awards.
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.
Article V (1)(c)
of the New York Convention allows the competent authorities in Contracting States to refuse recognition and
enforcement of an
arbitral award, or part
of that
award,
where the
award contains decisions on matters «beyond the scope
of the submission to arbitration».
In a case concerning an application for
enforcement that was subject to both the New York Convention and the European Convention, the Italian Court
of Cassation decided that
enforcement should be denied
where the presumption under Article VIII had not been rebutted because one party seeking
enforcement had expressly requested during the
arbitral proceeding that reasons be given for the
award.
Yet the
enforcement of international
arbitral awards continues to be one
of the key challenges
of the international arbitration system, complicated further
where the non-complying
award debtor is a state.
When an option, we assist our clients with court appeals and other court challenges in respect
of arbitral awards, in the
enforcement of awards that have not been complied with or in resisting
enforcement where appropriate, including working with trusted foreign counsel should the relevant proceedings be abroad.
Canada acceded to the United Nations Convention on the Recognition and
Enforcement of Foreign
Arbitral Awards in 1986 (the «UNCITRAL Model Law») declaring that it would apply the Convention only to differences arising out
of legal relationships, whether contractual or not, that were considered commercial under the laws
of Canada, except in the case
of the Province
of Quebec
where the law did not provide for such limitation.
Lawyers at Covington & Burling consider the
enforcement of arbitral awards in Sub-Saharan Africa,
where antiquated arbitration laws and hostile courts make life difficult for potential investors.
The Supreme Court found that security can only be ordered
where an application for recognition and
enforcement of a foreign
arbitral award is being adjourned due to challenges to the
award in the courts
of the country in, or under the law
of which, it was made.
In which case, there should not be a distinction between the
enforcement of domestic
arbitral and international
awards in the State
where the
enforcement is sought, on the base
of reciprocity.
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-.
However, even
where statutory
enforcement regimes like Alberta's Reciprocal Enforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set of international arbitral awards, the unclear procedural status of international arbitral awards, in general, continues to affect international arbitral awards not covered by the respective enforcem
enforcement regimes like Alberta's Reciprocal
Enforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set of international arbitral awards, the unclear procedural status of international arbitral awards, in general, continues to affect international arbitral awards not covered by the respective enforcem
Enforcement of Judgments Act ensure procedural certainty for a certain delineated sub-set
of international
arbitral awards, the unclear procedural status
of international
arbitral awards, in general, continues to affect international
arbitral awards not covered by the respective
enforcementenforcement regime.
This applies only to circumstances
where the parties reside in different provinces or if the proposed decision to refuse
enforcement or set aside a domestic
arbitral award is made on the ground
of «violating the public interests».
This dispute highlights the inconsistent approach across Europe towards
enforcement of arbitral awards which have been set aside in the jurisdiction
where the arbitration was seated.
As EU law is according to Eco-Swiss a public policy ground which requires national courts to review
arbitral awards for their compatibility with EU law, this means that any
arbitral awards where the arbitration seat is in an EU Member State, or the recognition and
enforcement of the
award in an EU Member State is sought, can be successfully challenged in front
of national EU courts.
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.
Article 1026 - 9
of the CCP provides that the Ministère Public may serve a notice
of opposition to the
enforcement of arbitral awards in cases
where it considers that such
enforcement would be contrary to public interest.
Judicial Tribunal for the Dubai Courts and DIFC Courts
awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts
of jurisdiction and conflicts
of judgments between the two courts, has issued two recent decisions in cases
where claimants obtained an order from the DIFC Courts recognising
arbitral awards made outside the DIFC,
where there was no connection with the DIFC, and
where the order recognising the
award was referred for
enforcement to the Dubai courts for
enforcement against assets located there.
The ECJ today has held, in a matter
of factly manner (I had suspected the Court would be brief), that the
enforcement of arbitral awards falls outside the Brussels I - Regulation,
where that
enforcement by the court
of that State, effectively prohibits the party concerned from taking the case to a court in that very Member State.