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.
«In accordance with article I (3) of the said Convention the Government of Ireland declares that it will apply the Convention to the recognition and
enforcement of arbitral awards made only in the territory of another Contracting State».
Declaration: On the Basis of reciprocity, the Kingdom declares that it shall restrict the application of the Convention to the recognition and
enforcement of arbitral awards made in the territory of a Contracting State.
«By virtue of paragraph 3 of article I of the present Convention, the Government of the Republic of Korea declares that it will apply the Convention to the recognition and
enforcement of arbitral awards made only in the territory of another Contracting State.
Declaration: «In accordance with article I (3) of the said Convention the Government of Kenya declares that it will apply the Convention to the recognition and
enforcement of arbitral awards made only in the territory of another contracting state.»
On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and
enforcement of arbitral awards made only in the territory of another contract - ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.
Not exact matches
With respect to the
award of interest, the Hamburg Court
of Appeal rejected a challenge to
enforcement under article V (1)(c),
made on the basis that the
arbitral tribunal had
awarded more interest than had been claimed, considering that an «
arbitral tribunal can in its discretion and on its own initiative
award interest and compound interest for the time until the rendition
of the
award and for the time after the rendition
of the
award.»
For instance, in a 1968 case, a Swiss court refused to issue an
enforcement order on the grounds that the
arbitral tribunal had not complied with the agreement
of the parties that «all disputes should be settled in one and the same
arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first
award but not a second
award made with respect to the same dispute.
TianTong can represent clients to apply for recognition and
enforcement of foreign
arbitral awards (
made either by institutional or ad hoc
arbitral tribunals),
arbitral awards made in Hong Kong, Macau and Taiwan.
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.
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 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.
For example, Ontario's Limitations Act waives any limitation period vis - a-vis the
enforcement of domestic
arbitral awards, but
makes no such express exception for international
arbitral awards.
Declarations: (a) The Republic
of Venezuela will apply the Convention only to the recognition and
enforcement of foreign
arbitral awards made in the territory
of another Contracting State.
Upon ratification: On the basis
of reciprocity, the Republic
of Argentina will apply the Convention only to the recognition and
enforcement of foreign
arbitral awards made in the territory
of another Contracting State.
Declaration: The Convention is applied on the basis
of reciprocity to the recognition and
enforcement of only those
arbitral awards made in the territory
of another Contracting State.
The first action is the recognition and
enforcement of foreign
arbitral awards, i.e.,
arbitral awards made in the territory
of another (Contracting) State.
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».
Even though Alphamix concerned a domestic
arbitral award, the attitude
of the Judge in scrutinizing the arguments against the
enforcement of an
award when a litigant has gone through all the proper court procedures, even public interest ones, is most welcome and sends a strong signal to public bodies which choose to have their commercial disputes resolved by way
of arbitration, that they should take arbitration proceedings and
arbitral awards made against them seriously.
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 judgment is also the first
of its kind ordering the recognition and
enforcement of a foreign
arbitral award made on the basis
of an unsigned charterparty.