Sentences with phrase «enforcing foreign awards»

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 states that, in practice, it can take an average of 120 - 190 days to enforce a foreign award, owing to certain procedural formalities such as the translation and legalisation of awards, as well as providing evidence of notification of the unsuccessful party of the award.

The Netherlands Supreme Court interpreted Article V (1) of the New York Convention and ruled that a national court enjoys a certain margin of appreciation whether or not to recognize and / or grant leave to enforce a foreign award in the event that one (or more) of the grounds for refusal listed in that treaty provision is present.

Sections 24 (a) and 31 (4)(b) of the IAA deal with different situations — section 24 (a) provides that the Singapore High Court may set aside an award if the making of the award was induced or affected by fraud or corruption, while section 31 (4)(b) provides that the Singapore High Court may refuse to enforce a foreign award if such enforcement would be contrary to the public policy of Singapore.

Section 46 (b) of the Arbitration Law provides that the court may refuse to recognise and enforce a foreign award, if any of the following in submission for recognition and enforcement of foreign award can be proved by the respondent:

Mr. D'vitre placed reliance on the judgment of English court of Appeal in case of Kanoria and others vs. Guinness (2006) 1 LLR 701 in support of the submission that even though in that matter challenged to the award in India had failed, English Court of appeal had refused to enforce foreign award as the aggrieved party was not given due notice of plea of fraud and was unable to represent its case.

In so far as reliance placed by the learned senior counsel for the respondent in case of Kanoria and others vs. Guinness reported in (2006) 1 Llyod's Law Reports 701 in support of the submission that though petition under section 34 challenging a foreign award in India had failed, English Court of Appeal had refused to enforce foreign award on the ground that aggrieved party who was not given due notice of plea of fraud and was unable to represent its case is concerned, a perusal of the judgment indicates that the Court of Appeal had rendered a finding that the aggrieved party who was unable to represent its case and had refused to enforce the foreign award.

Not exact matches

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

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.

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.

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.

The Commercial Court («Privredni sud»), in cases involving commercial disputes, or in other cases, the Higher Court («Visi sud») where the foreign award is to be enforced.

Summary: The appellant sought recovery of costs incurred through court proceedings to enforce a foreign arbitral award.

She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards&Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards&foreign awards».

Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting sAwards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting sawards may be recognised and enforced in these contracting states.

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 company in defense of an action in the U.S. District Court for the District of Columbia to have an approximately $ 200 million UNCITRAL Rules arbitral award recognized and enforced under the New York Convention.

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.

Another approach to avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to enforce a foreign arbitral award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.

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.

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.

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.

It is worth noting that the procedure for enforcing a domestic award is simpler than the one established for foreign awards.

Some foreign practitioners have had the perception that UAE courts are reluctant to recognize and enforce awards in general, and in particular, foreign awards under the NYC.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

There are several reasons for this, not the least of which is that Chinese courts consider it an insult to their sovereignty to enforce foreign arbitral awards.

In the meantime, the DIFC Court Law (DIFC Law No. 10 of 2004) gives the Court of First Instance discretion to ratify and enforce foreign arbitral awards within the DIFC.

After the appellants failed to appear at the German arbitration and the Ontario application to enforce the German arbitral award, the appellants finally responded by bringing this appeal based on a technical argument under Article 35 (2) of the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9, which required the party relying on the foreign arbitral award to supply a certified copy of the original award to the application judge.

Both countries enforce awards as they do court judgments, while non-compliance can be tackled through the courts, which so far has been largely supportive of arbitration and the enforcement of foreign awards.

Upon the Convention coming into force, the DIFC Court of First Instance will be bound to recognise and enforce a foreign arbitral award upon the terms set out in the Convention.

under sections 67, 68 and 69); and proceedings to enforce both foreign and domestic awards.

Arbitration also avoids the risk of a foreign court favouring the native party, and arbitration awards can be easier to enforce internationally.

Further, where the award or arbitration agreement requiring to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in the Union of Myanmar.

David Alderson, LL.B, LL.MJanuary 15, 2016Arbitration, Casino Debt Recovery, Civil Litigation, Commercial Arbitration, Commercial Litigation, Creditors Rights, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments, Forum Challenges, Jurisdictional Challenges, Loan and Guarantee, Of Interest to US Counsel1 Comment

When a specialized trial division, after review, has ruled to recognize and enforce a Hong Kong Special Administrative Region, Macau Special Administrative Region, Taiwan Region arbitration award, recognize and enforce a foreign arbitral award, the enforcement shall be transferred to the enforcement departments for enforcement.

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.

As mentioned previously, some SPC proceedings, including capital punishment review and review of lower court rulings not to enforce foreign or foreign - related arbitral awards, are not considered «court hearings.»

In cases in which a party applies to have the validity of an arbitration agreement recognized, cases in which application is made to cancel a domestic arbitration commission's award, cases in which application is made to recognize (认可) and enforce a Hong Kong SAR or Macau SAR arbitration award, recognize (认可) and enforce a Taiwan area arbitration award, application is made to recognize (承认) and enforce a foreign arbitral award, shall be handled by the specialized trial divisions of each level of court.

If you think that you are the party more likely to need a judgment or award, try to ascertain where your counterparty's assets can be found and whether that country's courts will enforce either foreign judgments or international arbitration awards.

For those not familiar with the intricacies of China's judicial review of arbitration issues, a 1995 SPC circular sets out a prior approval procedure, requiring local court rulings to refuse to enforce foreign - related /» greater China» / foreign arbitration awards to be submitted for eventual review by the SPC.. It is currently an internal administrative type procedure, with no explicit option of a hearing.

For example, the New York Convention allows member states to declare that they will enforce foreign arbitral awards only from countries that will enforce those made in the declaring state: in short, a reciprocity clause.

Yet, we expect more and more foreign courts will recognise and enforce Taiwan arbitral awards so that Taiwan can take a more active role in the global market.

Arbitration award, however, is more likely to be recognised and enforced by foreign courts.

Counsel for German, Russian and American companies in proceedings to enforce foreign judgments and arbitral awards in Ontario.

Markus also has experience in enforcing foreign judgments and arbitral awards in Ontario.

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.