Canada and UAE — New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards In 2006, United Arab Emirates joined 137 other nations in acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the so - called 1958 New York Convention).
Considering the differences between the enforcement of domestic and
foreign arbitral awards in the UAE
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.
Leonardo de Campos Melo / Recognition of
foreign arbitral awards in Brazil / 24 (1) The American Review of International Arbitration 113 (2013)- 2013
Not exact matches
See,
in particular, Pieter Sanders, A Twenty Years» Review of the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, 13 Int» l Law 269 (1979); Jan Paulsson, Towards Minimum Standards of Enforcement: Feasibility of a Model Law,
in Improving yhe Efficiency of Arbitration Agreements and
Awards: 40 Years of Application of the New York Convention 574 (A.J. van den Berg ed., 1998); Albert Jan van den Berg, Hypothetical Draft Convention on the International Enforcement of Arbitration Agreements and
Awards, AJB Rev 06 (May 2008).
Fouchard Gaillard Goldman on International Commercial Arbitration 987 - 88, para. 1700 (E. Gaillard, J. Savage eds., 1999); Christian Borris, Rudolf Hennecke, Commentary to Article V (1)(c),
in New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (
Foreign Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40
Arbitral Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (F
Awards of 10 June 1958 — Commentary 309, 311, paras. 201 - 02 (R. Wolff ed., 2012); Paolo Michele Patocchi & Cesare Jermini, Article 194,
in International Arbitration
in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 661, para. 95 (S.V. Berti et al. eds., 2000); Ulrich Haas, The New York Convention on recognition and enforcement of
foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (
foreign arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40
arbitral awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (F
awards of 1958,
in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (F. - B.
Report of the Secretary - General: Study on the Application and Interpretation of the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards (New York, 1958), A / CN.9 / 168,
in X Yearbook of the United Nations Commission on International Trade Law 106 (1979).
Patricia Nacimiento, Article V (1)(d),
in Recognition and Enforcement of
Foreign Arbitral Awards: A Global Commentary on the New York Convention 281, 286 (H. Kronke, P. Nacimiento et al. eds., 2010).
See Angela Kolbl, Commentary on Article XIV,
in New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of 10 June 1958 — Commentary 529, 531 (R. Wolff ed., 2012); Patricia Nacimiento, Article XIV,
in Recognition and Enforcement of
Foreign Arbitral Awards: A Global Commentary on the New York Convention 541, 544 (H. Kronke, P. Nacimiento et al. eds., 2010).
See also Patricia Nacimiento, Article XIV,
in Recognition and Enforcement of
Foreign Arbitral Awards: A Global Commentary on the New York Convention 541, 544 (H. Kronke, P. Nacimiento et al. eds., 2010).
Although article V (1)(d) moves beyond the text of the 1927 Geneva Convention, it is not as liberal as certain arbitration statutes, which attach even less importance than the New York Convention to the law of the country where the arbitration took place at the recognition and enforcement stage.854 As explained
in the chapter on article VII, 855 the Convention sets only a «ceiling», or the maximum level of control, which courts of the Contracting States may exert over
foreign arbitral awards.
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.
Almost 60 years after its creation, the New York Convention continues to fulfil its objective of facilitating the recognition and enforcement of
foreign arbitral awards, and
in the years to come, will guarantee the continued growth of international arbitration and create conditions
in which cross-border economic exchanges can flourish.
See Christian Borris, Rudolf Hennecke, Commentary to Article V (1)(c),
in New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of 10 June 1958 — Commentary 309, 328, para. 259 (R. Wolff ed., 2012).
Fernando Perez Correa / Enforcement and Recognition of
Foreign Judgements and
Arbitral Awards in Mexico / 77 Defense Counsel Journal 384 (2010)- 2010
ECOSOC requests the Secretary - General to ascertain from the governments whether they consider it desirable to convene a conference to conclude a Convention on the recognition and enforcement of
foreign arbitral awards, and whether they are prepared to participate
in such a conference
All the provinces
in Canada, and I think the territories, have implemented the UN Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards.
Albania is party to many arbitration conventions (New York Convention, European Convention on International Commercial Arbitration, ICSID, UNCITRAL) and Albanian courts are generally
in their track record of recognizing
foreign arbitral 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
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 s
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
arbitral awards may be recognised and enforced in these contracting s
awards may be recognised and enforced
in these contracting states.
Through the adoption of international conventions on the enforcement of
foreign arbitral awards, the enforceability of a
foreign (US and other international) arbitration
award has become easier
in many instances.
Represented a
foreign sovereign
in regard to recognition and enforcement under the New York Convention of an approximately $ 700 million 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.
His practice also encompasses enforcement of
foreign judgments and
arbitral awards, taking of evidence abroad and obtaining conservatory measures
in support of
foreign proceedings.
When an option, we assist our clients with court appeals and other court challenges
in respect of
arbitral awards,
in the enforcement of
awards that have not been complied with or
in resisting enforcement where appropriate, including working with trusted
foreign counsel should the relevant proceedings be abroad.
This website was created to host information on the implementation of the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, signed
in New York on 10 June 1958, with a view of promoting its uniform and effective application throughout the world.
The contract provides that any dispute that might arise is to be settled by arbitration
in Danubia, a country that has enacted the UNCITRAL Model Law on International Commercial Arbitration and is a party to the Convention on the Recognition and Enforcement of
Foreign 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.
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.
With litigation being a major forte, TianTong also renders professional service relating to arbitration, enforcement of judgement or
arbitral awards and providing Chinese law expert opinions
in foreign - related litigation and arbitration proceedings.
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.
However, it has been identified that under the Arbitration Act 1940, the national courts had an extensive supervisory role over the
arbitral process and, most importantly, there were problems being faced by arbitration users
in relation to the enforcement of
foreign arbitral awards.
However, the proposition that the damages sought
in the Canadian proceeding must relate directly to the commercial activity at issue raises a troublesome question: can the commercial activity exception properly apply to the enforcement of
foreign judgments and
arbitral awards?
[82]...
in an age of global commerce, one should take care to ensure that Ontario's common law does not end up taking a more restrictive approach to the recognition and enforcement of
foreign judgments than found
in its statutes concerning the recognition and enforcement of
foreign arbitral awards.
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.
The Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, also known as the «New York Arbitration Convention» or the «New York Convention», is one of the key instruments
in international arbitration.
This regulation is more effective than the ancient provisions contained
in the 1923 Geneva Protocol on Arbitration Clauses and the Geneva Convention on the Execution of
Foreign Arbitral Awards of 19273.
The exception exists principally because the cross-border recognition and enforcement of
arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (
arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (re
awards is governed by the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (
Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (re
Awards 1958 (the New York Convention), the priority of which is confirmed
in a new Art 73 (2) to the Brussels I (recast).
The central issue
in the Yugraneft SCC appeal heard on December 9, 2009, is establishing how an international
arbitral award should be characterized — as being equivalent to a
foreign judgment or as something else?
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.
In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as is contained in the UNCITRAL Model Law) is the law of Ontari
In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention on the Recognition and Enforcement of
Foreign Arbitral Awards as is contained
in the UNCITRAL Model Law) is the law of Ontari
in the UNCITRAL Model Law) is the law of Ontario.
Declarations: (a) The Republic of Venezuela will apply the Convention only to the recognition and enforcement of
foreign arbitral awards made
in the territory of another Contracting State.
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.
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.
Upon ratification: On the basis of reciprocity, the Republic of Argentina will apply the Convention only to the recognition and enforcement of
foreign arbitral awards made
in the territory of another Contracting State.
The Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, done
in New York, 10 June 1958 (the New York Convention), is described as the most successful treaty
in private international law.
The first action is the recognition and enforcement of
foreign arbitral awards, i.e.,
arbitral awards made
in the territory of another (Contracting) State.
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.
It is understood that the accession of the State of Kuwait to the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, done at New York, on the 10th of June 1958, does not mean
in any way recognition of Israel or entering with it into relations governed by the Convention thereto acceded by the State of Kuwait.