[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to
enforce an arbitration award against, among others, non-parties to -LSB-...]
The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to
enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).
Arbitration Default Insurance: a political risk solution that takes away the unpredictability associated with
enforcing an arbitration award against a sovereign state.
In this issue: New CIETAC Rules: 1 January 2015;
Enforcing an arbitration award against a non-party: a recent English case; Singapore Court of Appeal continues to support non-interventionist approach to arbitration; The New York Convention 1958 half a century on: is it still effective?
Not exact matches
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.
Using the same provision, Cruz City 1 Mauritius Holdings («Cruz City»)(represented by White & Case) recently obtained an order requiring the losing parties in an
arbitration to disclose their assets worldwide, to assist Cruz City in
enforcing against these parties arbitral
awards of US$ 298 million.
-- Instructed by Orrick, Herrington & Sutcliffe LLP LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to
enforce an
arbitration award for in excess of # 50 million
against an Indian entity.
-- Instructed by Orrick, Herrington & Sutcliffe LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to
enforce an
arbitration award for in excess of # 50 million
against an Indian entity.
The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain
arbitration awards which may be
enforced against state assets.
Representing the former shareholders of Yukos Oil Company in English proceedings to
enforce a US$ 54 + billion
arbitration award against the Russian Federation.
Representing CIS clients in obtaining twelve overseas
arbitration awards, and then
enforcing those
awards under the New York Convention
against bank accounts / assets in various countries, including the appointment of English liquidators and BVI Receivers.