Sentences with phrase «enforcement of arbitral awards if»

It is a peculiarity that certain countries in the Middle East, despite having signed the New York Convention, may be more favourable to enforcement of arbitral awards if that award is rendered in a fellow Islamic country.

Not exact matches

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»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»if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

Another concern raised at the time of drafting the provision that allows for partial recognition and enforcement was that «an arbitral award constitutes an organic whole, the spirit of which may be violated if it is split up into component parts.»

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Court.

The court would not be bound to recognise the judgment in the presence of an enforceable New York Convention arbitral award, but if such an award does not exist (which is likely in such circumstances) it is, on the wording of the Regulation, arguably bound by the recognition and enforcement articles of the Brussels I (recast), even though this may offend the court's pro-arbitration stance.

In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as is contained in the UNCITRAL Model Law) is the law of Ontario.

Ecuador, on a basis of reciprocity, will apply the Convention to the recognition and enforcement of arbitral awards made in the territory of another Contracting State only if such awards have been made with respect to differences arising out of legal relationships which are regarded as commercial under Ecuadorian law.

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».

Application for enforcement of the arbitral award should be submitted to a competent judge along with a copy of the arbitration agreement, original award and certified translation of the award if the award is rendered in English, unless the parties agree on alternative means of enforcement of the judgment.

The buyer fails to complete step 8 (AODR will generate an arbitral award for the amount in the purchase order in favour of the seller; the seller will obtain a court order or writ without notice if enforcement is necessary).