Article 235 of the CPC provides
for the enforcement of foreign awards in the UAE.
The amendments (ss.2 (e) and 47) confer jurisdiction to hear all questions relating to international commercial arbitrations, including applications
for the enforcement of foreign awards, to the High Courts (i.e., the highest court in each state).
Not exact matches
Similarities and distinctions with respect to
enforcement of foreign arbitral
awards, and potential implications
for forum selection.
This includes applications
for interim relief in support
of arbitrations (e.g. anti-suit injunctions); seeking or resisting
enforcement of domestic or
foreign awards under the New York Convention; and challenging or defending
awards under sections 67, 68 and 69
of the 1996 Act.
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 arbit
Enforcement of Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral
Foreign Arbitral
Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral a
Awards (the New York Convention), the world finally had a treaty that would allow
for enforcement of foreign arbit
enforcement of foreign arbitral
foreign arbitral
awardsawards.
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.
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.
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.
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.
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.
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.
Giving guidance to
foreign and Chinese clients on the conduct
of arbitration before LMAA
for purpose
of securing recognition and
enforcement of foreign arbitration
awards in China.
If the
award is subject to an action
for setting aside in the country in which, or under the law
of which, it is made («the country
of origin»), the
foreign court before which
enforcement of the
award is sought may adjourn its decision on
enforcement (Article VI).
Advised on the conduct
of arbitration before LMAA
for the purpose
of securing recognition and the
enforcement of foreign arbitration
awards in China.
Member, ICC Task Force on National Rules
of Procedure
for Recognition and
Enforcement of Foreign Awards pursuant to the New York Convention
of 1958, 2007 --
Enforcement follows recognition and is required
for the execution
of the
award, i.e. compelling a party to pay the sum
of money ordered by the
foreign court.
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:
However, the
Foreign Judgments (Reciprocal
Enforcement) Act 1933 provides for the reciprocal recognition and enforcement of arbitral awards (and court judgments) in former Commonwealth
Enforcement) Act 1933 provides
for the reciprocal recognition and
enforcement of arbitral awards (and court judgments) in former Commonwealth
enforcement of arbitral
awards (and court judgments) in former Commonwealth countries.
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 awar
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 awar
for the recognition and
enforcement of foreign arbitral
awards.
Representation
of the client in court proceedings
for recognition and
enforcement of a
foreign arbitration
award in Germany.
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.
The New ICAA also establishes a ten - year limitation period
for the recognition and
enforcement of foreign arbitral
awards.
Learned senior counsel submits that the objection
of the respondent that the learned arbitrator was biased or his conduct gave any rise to the apprehension
of bias on such grounds is totally frivolous and in any event is not a ground available under section 48
of the Arbitration and Conciliation Act
for opposing
enforcement of the
foreign award.
In rejoinder Mr. Pratap learned senior counsel submits that neither any case is made out
for opposing
enforcement of the
foreign award nor any case is made out under section 34
of the Act.
It is submitted that none
of the grounds invoked by the respondent
for objecting to the
enforcement of the
foreign award fall under any
of the provisions under section
Recognizing the growing importance
of international arbitration as a means
of settling international commercial disputes, the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbit
Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral
Foreign Arbitral
Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral a
Awards (the Convention) seeks to provide common legislative standards
for the recognition
of arbitration agreements and court recognition and
enforcement of foreign and non-domestic arbit
enforcement of foreign and non-domestic arbitral
foreign and non-domestic arbitral
awardsawards.
Accession Kit
for States intending to become Parties to the Convention on the Recognition and
Enforcement of Foreign Arbitral
Awards