Sentences with phrase «enforcing any award against»

According to Alexander Hansebout, a dispute resolution practitioner at Altius in Belgium, companies are finding it difficult to enforce awards against the DRC and its state - owned entities because, simply, «the country has no serious legal system in place.»

Tullow's group's CEO Aidan Heavey cited the «expenses of further proceedings and the difficulty in enforcing any award against DRC, even in the event of success» as reasons for discontinuing legal proceedings.

The Solicitors Regulation Authority will still seek to enforce the award against the solicitors concerned in the normal way.

Not exact matches

An arbitral award was rendered in India against a United States corporation, which argued before the Court that it should not be enforced in the United States on grounds that India would not have enforced the award had it been rendered in the United States in its favour, and that therefore, «the reciprocity between India and the United States as required by the Convention [article XIV] was absent».1394 The contesting party further argued that article XIV requires courts to determine the extent to which India applies the Convention and whether India treats awards rendered in India in favour of Indian parties in a similar manner.

[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-...]

In relation to an award by an employment tribunal or sum due under an ACAS settlement, the High Court and County Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High Court or county court where the sum involved is less than # 5,000.

One can imagine a situation where the employer has dissolved, the claimant succeeds in obtaining a substantial discrimination award, and the only person to enforce against is an admittedly discriminating manager, who, despite not being the employer, would find themselves liable for the full award.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $ 1 billion ICSID Additional Facility arbitral award.

Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $ 1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.

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).

Moreover, numerous cases have in fact enforced commercial arbitral awards against states and state - related entities, without any suggestion that the commercial activity exception is per se inapplicable.

Liptak's article describes an Italian court that refused to enforce an Alabama judgment against an Italian company because the award included punitive damages — a concept offensive to Italian notions of justice.

If your client is the claimant in a cross-border dispute, how easy will it be to enforce a judgment / award against the defendant and against what assets?

Once the Provincial Court receives the petition for the homologation of the award, it will notify the party against whom the award is being enforced.

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.

In finding that the family court erred in modifying the equitable distribution award, rather than enforcing it against Son and the LCC, the Court of Appeals distinguished this case from Richardson v. Richardson, 309 S.C. 31, 419 S.E. 2d 806 (Ct..

Obtained reversal of a trial court's refusal to enforce terms of several promissory notes and award of damages to defaulting defendant and succeeded on issue of first impression regarding who has standing to raise an Unfair Trade Practices Act claim against a lender.

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.

Arbitration Default Insurance: a political risk solution that takes away the unpredictability associated with enforcing an arbitration award against a sovereign state.

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.

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?

Accordingly, if and when an award is rendered by the arbitral tribunal in the investor's favour, it may be enforced against host state assets granting the investor claimant excellent prospects of making a recovery.

Representing the former shareholders of Yukos Oil Company in English proceedings to enforce a US$ 54 + billion arbitration award against the Russian Federation.

He also identifies what he terms «blind spots» of the existing mechanisms for settlement of international disputes by adjudication, the most notable of which are the ineffectiveness of international courts and tribunals in the context of disputes relating to the use of force and the fight against terrorism, and the continuing difficulties in enforcing judgments and awards of international courts and tribunals (pp 83 — 86).

Litigation partners Martin Flumenbaum and Brad Karp's latest Second Circuit Review column, «Enforcing Foreign Arbitral Awards Against Alleged Alter - Egos,» was published March 29 in the New York Law Journal.

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.

In the event Florida Realtors is the prevailing party in any suit by or against You to enforce or interpret this Agreement, You agree that, in addition to any other relief that may be appropriate under the circumstances, the court shall enter an award in Florida Realtors» favor for Florida Realtors» attorney's fees and litigation costs and expenses incurred in prosecuting or defending such litigation