Sentences with phrase «foreign 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.

His practice covers a wide range of PRC law issues with a focus on litigation at different levels of PRC courts and arbitration matters in PRC including cross-border litigation and arbitration proceedings, and foreign arbitration awards recognition and enforcement in China.

Equally under Article 238 of the Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards in the UAE.

Yun has a wide range of PRC legal practice with a focus on litigation at different levels of PRC court and arbitration matters in PRC including foreign arbitration awards recognition in China.

Advised on the conduct of arbitration before LMAA for the purpose of securing recognition and the enforcement of foreign arbitration awards in China.

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.

Moreover, under Article 238 of the UAE Law of Civil Procedures, the terms of treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign arbitration awards.

Moreover, by virtue of Section 45 of the Act, foreign arbitration awards are now enforceable in Bangladesh unless it falls within the exceptions listed therein.

Representation of the client in court proceedings for recognition and enforcement of a foreign arbitration award in Germany.

Not exact matches

As part of China, Hong Kong is also a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral aAwards (the New York Convention) Contracting State, ensuring that arbitral awards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral aawards issued where the seat of arbitration is Hong Kong benefit from this internationally renowned system of mutual recognition and enforcement of arbitral awardsawards.

However, foreign investors may avoid all these difficulties by recourse to arbitration and indeed, Morocco is a member of the New York Convention on the recognition and enforcement of foreign arbitral awards and a member of The Washington Convention on ICSID.

The Convention's aim is not to limit the pre-existing freedom of the Contracting States to treat foreign arbitral awards or arbitration agreements as favourably as they please, but rather to facilitate their recognition and enforcement to the greatest extent possible.

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.

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.

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.

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.

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.

Professor (Dr.) Albert Jan van den Berg, founding partner at Hanotiau & van den Berg, the world - class international arbitration boutique firm, spoke at the third annual Carolyn Lamm / White & Case International Arbitration Lecture at Miami Law, delivering «Reflections on the 60th Anniversary of the 1958 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.

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.

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.

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.

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.

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.

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.

In reality, this reservation is more theoretical than anything else, because codified French arbitration law itself does not contain any such limitation, and article VII (1) of the Convention confirms that the Convention does not deprive parties of more favourable rights they might enjoy under the law of the country in which enforcement of the foreign award is sought.

The New York Convention applies to the recognition and enforcement of foreign arbitral awards and the referral by a court to arbitration.

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.

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.

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

To be enforceable domestic and foreign - related arbitration awards must be approved by a people's court.

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.

A party seeking enforcement of a foreign award needs to supply to the court (a) the arbitral award and (b) the arbitration agreement (Article IV).

«I welcome enquiries concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the enforcement of Ontario, US and other foreign judgments and arbitration awards in Ontario.»

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.

We are experienced in cross-border litigation and international arbitration, including the enforcement of foreign judgments and arbitration awards.

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).

Among other things, they extend the judicial reporting system in arbitration - related judicial review procedures to arbitral agreements without foreign elements and domestic arbitral awards.

In Maximov v NMLK [1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration.

Taiwanese courts increasingly recognise foreign judgments, rulings and arbitration awards from different foreign countries.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events

He has a wide range of experience in all key aspects of international arbitration and litigation, including enforcement of foreign arbitral awards and state court judgments in Russia and abroad as well as obtaining interim measures from Russian courts in support of foreign proceedings.

Representative matters have included the removal of an international health insurance dispute from state to federal court and enforcement of an international arbitration agreement and jurisdictional matters involving the ability of a federal court to hear an action to set aside an arbitration award issued in an arbitration involving two foreign parties.

The ease of recognition and enforcement of arbitration awards, compared to court judgments in foreign courts is often seen as one of the key advantages to arbitration.

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.

Services in the Arbitration Practice include serving as local counsel in connection with international commercial arbitrations, assisting in matters relating to the enforcement of foreign arbitral awards and representing clients in arbitration proceedings.

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.