Sentences with phrase «enforcement of international arbitral awards»
She has experience with a broad range of issues, from seeking emergency interim relief, to the enforcement of international arbitral awards in multiple jurisdictions around the world.
https://www.orrick.com/
In an important judgment given on Wednesday 25 October 2017, the Supreme Court has laid down important principles for the enforcement of international arbitral awards and specifically for the interception of funds payable under letters of credit
Moderator, «Enforcement of International Arbitral Awards,» Eighth Annual International Litigation and Arbitration Conference, The Florida Bar International Law Section, February 2010
The GOCP reformed the Civil Code of Procedure and included new provisions regarding the enforcement of international arbitral awards.
Nevertheless, in Ecuador, with the enactment of the Ecuadorian General Organic Code of Processes (GOCP) in 2015, the domestic rules of procedure require a new homologation process prior the enforcement of international arbitral awards.
As mentioned above, contracting States of the Convention should not impose more onerous conditions on the recognition or enforcement of international arbitral awards than those imposed on domestic arbitral awards.
During the UNCITRAL colloquium on PPPs in 2014, for example, participants questioned the suitability of utilizing international arbitration for PPP - related disputes, mainly because of the «multiple investment treaties, multiple international arbitration forums, cases and rulings, and the poor enforcement of international arbitral awards».
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.
Guest Lecturer in International Investor State Arbitration Spring 2010, «Enforcement of International Arbitral Awards Against Sovereign Entities,» University of Texas School of Law, Austin, Texas, April 2010
1 st session [E / AC.42 / 3 - Committee on the Enforcement of International Arbitral Awards: Provisional Agenda]
Not exact matches
Gary B. Born, International Commercial Arbitration 3544 - 45 (2014); Alan Redfern, J. Martin Hunter et al., Redfern & Hunter on International Arbitration 645, para. 11.76 (2009)(referring to The Arab Republic of Egypt v. Southern Pacific Properties, Court of Appeal of Paris, France, 12 July 1984, 23 ILM (1984)-RRB-; Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 660 - 61, para. 94 (S.V. Berti et al. eds., 2000); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541, para. 83 (K.H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 639 - 40 (E. Gaillard, D. di Pietro eds., 2008).
See, in particular, Pieter Sanders, A Twenty Years» Review of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 13 Int» l Law 269 (1979); Jan Paulsson, Towards Minimum Standards of Enforcement: Feasibility of a Model Law, in Improving yhe Efficiency of Arbitration Agreements and Awards: 40 Years of Application of the New York Convention 574 (A.J. van den Berg ed., 1998); Albert Jan van den Berg, Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and Awards, AJB Rev 06 (May 2008).
See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).
Fouchard Gaillard Goldman on International Commercial Arbitration 987 - 88, para. 1700 (E. Gaillard, J. Savage eds., 1999); Christian Borris, Rudolf Hennecke, Commentary to Article V (1)(c), in New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - Enforcement of Foreign Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (FAwards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (Fawards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (F. - B.
Report of the Secretary - General: Study on the Application and Interpretation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), A / CN.9 / 168, in X Yearbook of the United Nations Commission on International Trade Law 106 (1979).
Travaux préparatoires, Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations, Report by the Secretary - General, Recognition and Enforcement of Foreign Arbitral Awards, E / 2822, Annex II, pp. 18 - 19; Fouchard Gaillard Goldman on International Commercial Arbitration 454, para. 756 (E. Gaillard, J. Savage eds., 1999).
Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice
See Sigvard Jarvin, Irregularity in the Composition of the Arbitral Tribunal and the Procedure, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 729, 730 (E. Gaillard, D. Di Pietro eds., 2008); Gary B. Born, International Commercial Arbitration 2771 (2009).
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.
Almost 60 years after its creation, the New York Convention continues to fulfil its objective of facilitating the recognition and enforcement of foreign arbitral awards, and in the years to come, will guarantee the continued growth of international arbitration and create conditions in which cross-border economic exchanges can flourish.
While the New York Convention is undoubtedly the most significant international instrument for the recognition and enforcement of arbitral awards, it does not operate in isolation.
Professor (Dr.) Albert Jan van den Berg, founding partner at Hanotiau & van den Berg, the world - class international arbitration boutique firm, spoke at the third annual Carolyn Lamm / White & Case International Arbitration Lecture at Miami Law, delivering «Reflections on the 60th Anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Ainternational arbitration boutique firm, spoke at the third annual Carolyn Lamm / White & Case International Arbitration Lecture at Miami Law, delivering «Reflections on the 60th Anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral AInternational Arbitration Lecture at Miami Law, delivering «Reflections on the 60th Anniversary of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.»
Travaux préparatoires, United Nations Conference on International Commercial Arbitration, Report by the Secretary - General — Corrigendum — Recognition and Enforcement of Foreign Arbitral Awards, E / 2822 / Corr.
Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 676 (E. Gaillard, D. di Pietro eds., 2008).
Jean François Poudret, Sébastien Besson, Comparative Law of International Arbitration 836 - 37, para. 913 (2007); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541 - 42, para. 84 (K. H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 650 - 53 (E. Gaillard, D. Di Pietro eds., 2008).
All the provinces in Canada, and I think the territories, have implemented the UN Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in support of enforcement of Russian arbitral awards);
In particular, while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral awards with regards to international trade and investment.
Through the adoption of international conventions on the enforcement of foreign arbitral awards, the enforceability of a foreign (US and other international) arbitration award has become easier in many instances.
The New York Convention regulates the enforcement of most international arbitral awards and therefore often applies also to ISDS awards.
Shearman's international arbitration practice only takes in one or two juniors a year, but there's a wide variety of work on offer as «after arbitration comes enforcement (of the arbitral award), and we do some of that as well, usually in conjunction with litigation.»
Noting the success that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) has achieved for international arbitration, supporters of a conciliation convention are eager for UNCITRAL to develop an equivalent measure for international conciliation.
The contract provides that any dispute that might arise is to be settled by arbitration in Danubia, a country that has enacted the UNCITRAL Model Law on International Commercial Arbitration and is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Member of the International Bar Association (IBA) Recognition and Enforcement of Arbitral Awards Subcommittee.
She is the general editor of the Kluwer Journal of International Arbitration and a member of several groups, such as the International Bar Association's Recognition and Enforcement of Arbitral Awards Subcommittee, the International Chamber of Commerce's Task Force on Emergency Arbitration Proceedings, and the International Centre for Dispute Resolution's International Advisory Committee.
In June 2014, Professor Scherer joined the IBA Recognition and Enforcement of Arbitral Awards Subcommittee, which focuses on the inventory of meanings of «public policy» as set forth by international commercial arbitrators, national courts, and investment arbitrators.
In addition to his arbitration practice, Mr. Pierce represents clients in complex international civil litigation matters in US courts, including efforts to enforce, or resist enforcement of, international arbitral awards.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the «New York Arbitration Convention» or the «New York Convention», is one of the key instruments in international arbitration.
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, 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 enforcemenforcement 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 enforcemEnforcement 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.
Extending the certainty offered under regimes such as the Alberta Reciprocal Enforcement of Judgments Act to all international arbitral awards is not only beneficial because it ensures regulatory consistency, but would also be commercially desirable, helping to avoid costly litigation such as the case at issue here.
Based on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for enforcement purposes, equivalent to foreign judgments, and, as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.
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.
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.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York, 10 June 1958 (the New York Convention), is described as the most successful treaty in private international law.
Martinez - Fraga and Reetz will discuss the evolving relationships between international commercial arbitration and the increasingly significant field of investor - state arbitration, including the use of the U.S. courts to obtain discovery of evidence for use in those proceedings and the differing standards used for enforcement of international commercial and investor - state arbitral awards.
Presenter, «Practical Problems in the Enforcement of International Construction Arbitral Awards,» ICC / FIDIC Conference on International Construction Contracts and the Resolution of Disputes, June 2011
His international disputes practice focuses on cases involving one or more foreign companies, persons, or governments, as well as disputes involving other interests of foreign countries, such as enforcement of foreign judgments or arbitral awards, international discovery, and service of process abroad.
Lecturer, «Enforcement of Arbitral Awards Worldwide: The New York Convention,» International Arbitration Theory and Practice Certificate program, Roma Tre Università degli Studi, September 2017
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 Tawards 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 andarbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Tawards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics andArbitral Awards» in our e-book, International Practice: Topics and TAwards» in our e-book, International Practice: Topics and Trends.