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.
Not exact matches
Similarities and distinctions with respect to enforcement of
foreign arbitral awards, and potential implications
for forum selection.
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 arbitral
Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral
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 arbitral
foreign arbitralarbitral awardsawards.
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.
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.
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.
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.
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.
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.
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.
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.
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.
However, the
Foreign Judgments (Reciprocal Enforcement) Act 1933 provides
for the reciprocal recognition and 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.
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.
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.
The New ICAA also establishes a ten - year limitation period
for the recognition and enforcement of
foreign arbitral awards.
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.
Counsel
for German, Russian and American companies in proceedings to enforce
foreign judgments and
arbitral awards in Ontario.
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 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
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 arbitral
foreign and non-domestic
arbitralarbitral awardsawards.
In my view, the law of arbitration agreement, which in this case, is law of England, would apply to the application
for impugning the
foreign arbitral award.
This Court shall now decide the effect of the order passed by this Court in the arbitration application filed under Section 9 by the claimant and also the effect of the order passed by the appeal court in the appeal filed by the respondent in view of the submissions made by the respondent that in view of such petition filed in this Court, Part - I of the Act including Section 34
for impugning the
foreign arbitral award would apply.
Accession Kit
for States intending to become Parties to the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards