Sentences with phrase «enforcing arbitration awards»

Another change requires associations, if they don't escrow funds because of the cost, to adopt their state's «aggressive and cost - effective» procedures for enforcing arbitration awards.

; Trends in enforcing arbitration awards in the UAE; The best of both worlds in alternative dispute resolution: Singapore's Arb - Med - Arb Protocol; Conferences and events.

Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

[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-...]

(China and the UK are both parties to the New York Convention, which requires courts of contracting states to recognise and enforce arbitration awards made in other contracting states.)

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).

Certain provinces of Canada have adopted the New York Convention, which states the participating provinces to enforce arbitration awards, and that enforcement may only be refused on limited grounds.

The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to enforce arbitration awards.

-- 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.

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 Trends.

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?

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

Enforcing an arbitration award under the Arbitration Act 1996 can prove a bumpy ride, as Clare Arthurs & Margaret Tofalides explain

Each level of people's court should establish a centralized administrative platform for the judicial review of arbitration awards, to strengthen the informatized management and data analysis of cases regarding applications to confirm the validity of an arbitation agreement, cases regarding applications to cancel or enforce arbitration awards of our domestic arbitration institutions, applications to recognize and enforce Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration awards, cases regarding applications to recognize and enforce foreign arbitral awards, and cases relating to the judicial review of arbitration such as refusal to accept, reject the filing, or objection to jurisdiction and others relating to the confirmation of the validity of an arbitration agreement; the effective guarantee of the correct application of law and of a unified yardstick for judicial decision - making.

The court's reaction to the state's attempt to draw a distinction between submitting to arbitration proceedings and submitting to court proceedings to enforce an arbitration award was interesting.

It also asserted that court proceedings to enforce an arbitration award did not fall within SIA 1978, s 9.

Certain provinces of Canada have adopted the New York Convention, which provides that participating Canadian provinces will enforce arbitration awards, subject to limited exceptions.

Where trial justices have reviewed a petition to enforce an arbitration award and issued findings, the supreme court stated «the findings of a trial justice sitting without a jury are entitled to great weight and will not be disturbed on appeal unless it can be shown that such findings are clearly wrong or that the trial justice misconceived or overlooked material evidence.»

Not exact matches

Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the award, saying the court had jurisdiction because the ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.

The Japanese telco is struggling to enforce a London arbitration award ordering Tata Sons to pay it $ 1.2 bln.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys» fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Things have gone from bad to worse in Venezuela, as ConocoPhillips moves to seize some of the Caribbean assets of Venezuela's state - run PDVSA to enforce a $ 2 billion arbitration award.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

Saunders J recognises the «pro-enforcement bias» of the Hong Kong legislation and noted that the overall scheme of both the Hong Kong legislation and the UNCITRAL Model Law reflects a view that arbitration awards are generally to be upheld and enforced.

A United States District Court partially enforced an award that covered multiple contracts, after finding that one of the contracts was not within the scope of the arbitration agreement.

Nonetheless, the enactment of the Arbitration Law will give foreign investors confidence that if they agree to refer disputes to international arbitration outside Myanmar, an award may be enforced by the Myanmar courts under the Arbitration Law.

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

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.

In keeping with the pro-enforcement bias of the New York Convention, article V (1)(c) provides «that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced», provided that matters properly within the scope of the arbitration agreement «can be separated from those not so submitted.»

A non-domestic award is further one where the award is made in the enforcing state under the laws of another state or because the arbitration contains a foreign element.

Courts have also applied article V (1)(c) in the context of multiparty arbitrations to exclude from enforcement portions of an award which address a party not bound by the arbitration agreement, but enforce the award with respect to the remaining parties.

The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international commercial disputes in a fair and effective manner, recognise and enforce international arbitral awards and encourage dispute resolution by arbitration.

Accordingly, the procedure for enforcing or setting aside an international arbitration award made in Myanmar is uncertain.

As one United States court observed, «[u] nder the New York Convention, we examine whether the award exceeds the scope of the [arbitration agreement], not whether the award exceeds the scope of the parties» pleadings».803 This interpretation of article V (1)(c) which distinguishes the parties» pleadings or prayers for relief from the «submission to arbitration» referred to in article V (1)(c), is consistent with a narrow interpretation of the grounds for refusal to recognize or enforce an award.

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

Article V (1)(c) provides that courts may refuse to recognize or enforce an award if it addresses disputes outside of the terms of the «submission to arbitration».

This decision demonstrates the Hong Kong Courts» pro-enforcement stance when faced with an application to set aside or enforce an international arbitration award.

For instance, the Supreme Court of Spain enforced an award rendered by a sole arbitrator appointed by one of the parties, where the party opposing enforcement had refused to appoint a co - arbitrator.883 Similarly, a United States court enforced an award rendered by one of the party appointees as a sole arbitrator where the other party chose not to participate in the arbitration.884

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

Represented the prevailing party in an ICC arbitration in enforcing in the U.S. District Court for the District of Massachusetts a multi-million dollar arbitral award under the New York Convention.

Although the text finds that the EU proposal is not compatible with the ICSID Convention, it also argues that the proposal meets the definition of» arbitration» under the New York Convention, which means that the resulting awards could probably be enforced under that convention instead.

Claimants who embark upon litigation or arbitration sometimes find that they need to unlock the value of their claim before the final hearing or before an award has been enforced, whether to alleviate cash - flow pressure elsewhere, or provide working capital for the business during the life of the claim.

Shelbaya agrees that the Egyptian courts adopt a «liberal approach to arbitration», putting in place «stringent criteria» for the setting aside of an arbitral award, as well as routinely recognising and enforcing foreign awards in Egypt.

He reached the conclusion from combined reading of sections 2 (c), 2 (k) and section 3 of the Act that the intention of the legislature was that the scope of the Act would be limited to within the territory of Bangladesh, except for the scope to enforce of an award passed in a foreign arbitration, pursuant to the section 3 (2) read with section 45, 46 and 47 of the said Act.

It unanimously upheld the decision of the Alberta Court of Appeal, which in turn upheld the trial court, in all cases finding that the winner of the Russian arbitration was out of time to enforce the award in Alberta.

Marion Boyd's argument is reflected in Omar's comments: if one does not hold out the possibility of enforcing a family arbitral award made under Islamic law, at least on some grounds (and she set out a number of conditions about procedural and substantive fairness), then those who go to arbitration under that law anyway have no protection in civil law, and the arbitrator has no incentive to conform to our general notions of fairness.