Sentences with phrase «for enforcement of the arbitral award»

TianTong represents our clients to apply for the enforcement of arbitral awards issued by domestic arbitration institutions, pre-arbitration property preservation and other compulsory measures.

Application for enforcement of the arbitral award should be submitted to a competent judge along with a copy of the arbitration agreement, original award and certified translation of the award if the award is rendered in English, unless the parties agree on alternative means of enforcement of the judgment.

It is submitted that since the cause of action or plea in the petition for enforcement of the arbitral awards is different from what was pleaded or was subject matter of the petition under Section 9, claimant can not be held to be estopped from raising the plea.

Not exact matches

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

Another concern raised at the time of drafting the provision that allows for partial recognition and enforcement was that «an arbitral award constitutes an organic whole, the spirit of which may be violated if it is split up into component parts.»

The conditions for recognition and enforcement in the Convention establish a «ceiling», or maximum level of control, which Contracting States may exert over arbitral awards and arbitration agreements.

Similarities and distinctions with respect to enforcement of foreign arbitral awards, and potential implications for forum selection.

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.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such awards.

With the advent of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitEnforcement of Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitralArbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral aAwards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitenforcement of foreign arbitralarbitral awardsawards.

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.

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

In a case concerning an application for enforcement that was subject to both the New York Convention and the European Convention, the Italian Court of Cassation decided that enforcement should be denied where the presumption under Article VIII had not been rebutted because one party seeking enforcement had expressly requested during the arbitral proceeding that reasons be given for the award.

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);

Article 7 (2) of the Judicial Authority Law provides for the enforcement outside the DIFC of «judgments, decisions and orders rendered by the [DIFC] Courts and the Arbitral Awards ratified by the [DIFC] Courts».

The Supreme Court considered whether the English Court, as an enforcing court of a Nigerian arbitral award, was entitled to require a party resisting enforcement to provide security for the money payable under the award as a condition of being entitled to advance a good arguable defence that enforcement should be refused on grounds of English public policy, e.g. because the award was procured by fraud.

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.

TianTong also represents clients to apply for recognition and enforcement by foreign courts of Chinese arbitral awards.

Each province has its own domestic arbitration legislation that sets out rules and procedures for the recognition and enforcement of arbitral awards.

Acting for a petroleum company in which the issue is the right of an unrepresented and absent respondent to lodge an appeal against an arbitral award at the point of enforcement and involves a subject sum of USD 93,720,000.

TianTong can represent clients to apply for recognition and enforcement of foreign arbitral awards (made either by institutional or ad hoc arbitral tribunals), arbitral awards made in Hong Kong, Macau and Taiwan.

Canada acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1986 (the «UNCITRAL Model Law») declaring that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation.

Lawyers at Covington & Burling consider the enforcement of arbitral awards in Sub-Saharan Africa, where antiquated arbitration laws and hostile courts make life difficult for potential investors.

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.

The Supreme Court found that security can only be ordered where an application for recognition and enforcement of a foreign arbitral award is being adjourned due to challenges to the award in the courts of the country in, or under the law of which, it was made.

Country Report for Austria, IBA Subcommittee on Recognition and Enforcement of Arbitral Awards, 27 June 2016.

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».

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.

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 awarFor 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 awarfor international arbitral awards.

Article 42 provides for the recognition and enforcement of arbitral awards, on application to the DIFC Court, regardless of the origin of the award in question and whether it is a New York Convention award or not.

The accession by the State of Bahrain to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.

This is likely because the widely adopted New York Convention provides a predicable framework for the recognition and enforcement of arbitral agreements and awards.

Counsel for the Attorney General of Belize before the Caribbean Court of Justice on issues of constitutional law connected with the enforcement in Belize of an arbitral award in favour of Belize Bank Limited.

Reciprocal enforcement of judgments in Abu Dhabi and ADGM free zone: a new Memorandum of Understanding («MoU») sets out the framework for the reciprocal enforcement of judgments, decisions and orders and the arbitral awards ratified or recognised by the onshore civil law courts in Abu Dhabi and the common law courts in Abu Dhabi's financial free zone, ADGM.

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.

Be sure to check back for the final post in our arbitration series, in which we will discuss the enforcement and appeal of arbitral awards.

As EU law is according to Eco-Swiss a public policy ground which requires national courts to review arbitral awards for their compatibility with EU law, this means that any arbitral awards where the arbitration seat is in an EU Member State, or the recognition and enforcement of the award in an EU Member State is sought, can be successfully challenged in front of national EU courts.

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.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

11.5 What is the standard for refusing enforcement of an arbitral award on the grounds of public policy?

A groundbreaking and long awaited Memorandum of Understanding has now been signed between the Abu Dhabi Global Market (ADGM) Courts and the Abu Dhabi Judicial Department, allowing for the direct enforcement of ADGM Courts judgments and arbitral awards into onshore Abu Dhabi

However, the Foreign Judgments (Reciprocal Enforcement) Act 1933 provides for the reciprocal recognition and enforcement of arbitral awards (and court judgments) in former CommonwealthEnforcement) Act 1933 provides for the reciprocal recognition and enforcement of arbitral awards (and court judgments) in former Commonwealthenforcement of arbitral awards (and court judgments) in former Commonwealth countries.

These exceptions to the obligation of confidentiality are most often relevant with regard to the arbitral award: for example, a party may have to disclose the award to the court when bringing recognition and enforcement proceedings.

For the sake of completeness, it should be noted that the court can also address the substantive jurisdiction of the arbitral tribunal in proceedings for the recognition and enforcement of foreign arbitral awarFor the sake of completeness, it should be noted that the court can also address the substantive jurisdiction of the arbitral tribunal in proceedings for the recognition and enforcement of foreign arbitral awarfor the recognition and enforcement of foreign arbitral awards.

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

Nicolas Audier, Bernadette Fahy and Tran Trong Binh advised one of the leaders in the global trade of an unnamed commodity headquartered in Switzerland in its application for the recognition and enforcement of seven foreign arbitral awards for a total amount of about $ 21 million through the Vietnamese courts.

Through the creation of clear and uniform framework for the recognition of settlement agreements resulting from mediation — akin to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)(«New York Convention»)-- the new draft convention and the draft amended model will increase the predictability of settlements achieved through international mediation.

Advising in resisting the enforcement of two arbitral awards concerning a dispute under a shareholders» agreement and an agreement for the commercial development of land in India.