Sentences with phrase «international arbitral awards in»

She has experience with a broad range of issues, from seeking emergency interim relief, to the enforcement of international arbitral awards in multiple jurisdictions around the world.

2011), addresses a key issue in international practice, especially attempts to enforce international arbitral awards in the context of motions to dismiss on forum non conveniens grounds.

On the other hand, the respondent (Rexx Management) denies the applicability of Section 11 of the Alberta Limitations Act on the basis of a statutory interpretation argument that the Alberta legislature did not intend to include international arbitral awards in the definition of «judgment or order for the payment of money» found in Section 11, and, as a result, such awards can not be considered and treated as judgments or orders, including in terms of the applicable limitation periods.

The plaintiff sought to confirm an international arbitral award in the Southern District of New York.

Not exact matches

Gary B. Born, International Commercial Arbitration 3544 - 45 (2014); Alan Redfern, J. Martin Hunter et al., Redfern & Hunter on International Arbitration 645, para. 11.76 (2009)(referring to The Arab Republic of Egypt v. Southern Pacific Properties, Court of Appeal of Paris, France, 12 July 1984, 23 ILM (1984)-RRB-; 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 660 - 61, para. 94 (S.V. Berti et al. eds., 2000); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541, para. 83 (K.H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 639 - 40 (E. Gaillard, D. di Pietro eds., 2008).

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).

See also Martin Platte, Multi-party Arbitration: Legal Issues Arising out of Joinder and Consolidation, in Enforcement of Arbitration Agreements and International Arbitral Awards: the New York Convention in Practice 481, 491 (E. Gaillard, D. Di Pietro eds., 2008); Albert Jan van den Berg, The New York Arbitration Convention of 1958: Towards a Uniform Judicial Interpretation 323 (1994).

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 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 (FAwards 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 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (Fawards 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).

Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice

Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals award costs in international arbitration.

Leonardo de Campos Melo / Recognition of foreign arbitral awards in Brazil / 24 (1) The American Review of International Arbitration 113 (2013)- 2013

See Sigvard Jarvin, Irregularity in the Composition of the Arbitral Tribunal and the Procedure, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 729, 730 (E. Gaillard, D. Di Pietro eds., 2008); Gary B. Born, International Commercial Arbitration 2771 (2009).

This is due in part to the opening of the Mumbai International Arbitration Centre last summer and amendments to the India Arbitration Act in late 2015, which aims to reduce delays in the rendering of 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.

, in The Review of International Arbitral Awards, IAI Series on International Arbitration No. 6, 183 (2010).

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.

The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international commercial disputes in a fair and effective manner, recognise and enforce international arbitral awards and encourage dispute resolution by arbitration.

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.

Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 676 (E. Gaillard, D. di Pietro eds., 2008).

European Convention on International Commercial Arbitration, Geneva, 21 April 1961, Article VIII: «The parties shall be presumed to have agreed that reasons shall be given for the award unless they (a) either expressly declare that reasons shall not be given; or (b) have assented to an arbitral procedure under which it is not customary to give reasons for awards, provided that in this case neither party requests before the end of the hearing, or if there has not been a hearing then before the making of the award, that reasons be given.»

Jean François Poudret, Sébastien Besson, Comparative Law of International Arbitration 836 - 37, para. 913 (2007); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541 - 42, para. 84 (K. H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 650 - 53 (E. Gaillard, D. Di Pietro eds., 2008).

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.

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);

In particular, while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral awards with regards to international trade and investment.

Guest Lecturer in International Investor State Arbitration Spring 2010, «Enforcement of International Arbitral Awards Against Sovereign Entities,» University of Texas School of Law, Austin, Texas, April 2010

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.

Shearman's international arbitration practice only takes in one or two juniors a year, but there's a wide variety of work on offer as «after arbitration comes enforcement (of the arbitral award), and we do some of that as well, usually in conjunction with litigation.»

Judicial intervention in international arbitral awards under the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the «Model Law»)-- though given the force of law by the International Commercial Arbitration Act and the Commercial Arbitration Act — is limited in scope binternational arbitral awards under the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the «Model Law»)-- though given the force of law by the International Commercial Arbitration Act and the Commercial Arbitration Act — is limited in scope bInternational Trade Law (UNCITRAL) Model Law (the «Model Law»)-- though given the force of law by the International Commercial Arbitration Act and the Commercial Arbitration Act — is limited in scope bInternational Commercial Arbitration Act and the Commercial Arbitration Act — is limited in scope by Article 34.

Consolidated Contractors Group S.A.L. (Offshore) v. Ambatovy Minerals S.A. provides a concrete basis for understanding when Courts can refuse the recognition of an arbitral award in Ontario that falls under the International Commercial Arbitration Act.

International arbitration is a Shearman trademark, and during the time of our research it was fighting for the largest potential award in arbitral tribunal history, a whopping $ 50 billion from Russia on behalf of former controlling shareholders of bankrupt oil giant Yukos.

For example, though not explicitly stated in this decision, the high thresholds that must be met in order to refuse the recognition of an arbitral award in Ontario may represent the Court reinforcing their commitment to international comity in light of globalization trends.

In this article, the author focuses on the judicial review of «international» arbitral awards.

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.

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».

In June 2014, Professor Scherer joined the IBA Recognition and Enforcement of Arbitral Awards Subcommittee, which focuses on the inventory of meanings of «public policy» as set forth by international commercial arbitrators, national courts, and investment arbitrators.

About 100 abstracts of international arbitral awards issued in the field of distribution, by national and international arbitral institutions are available in this section.

In addition to his arbitration practice, Mr. Pierce represents clients in complex international civil litigation matters in US courts, including efforts to enforce, or resist enforcement of, international arbitral awardIn addition to his arbitration practice, Mr. Pierce represents clients in complex international civil litigation matters in US courts, including efforts to enforce, or resist enforcement of, international arbitral awardin complex international civil litigation matters in US courts, including efforts to enforce, or resist enforcement of, international arbitral awardin US courts, including efforts to enforce, or resist enforcement of, international arbitral awards.

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.

7 Art. 103, General Organic Code of Processes (2015): The court judgments, arbitral awards and acts of mediation issued abroad, whether or not they have been homologated and issued in an adversarial proceedings, will have in Ecuador the same treatment as they have in the current international treaties and conventions -LRB-...).

2 The New York Convention (1958), -LRB-...) is the centerpiece in the mosaic of treaties and arbitration laws that ensure acceptance of arbitral awards and arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION, 2011).

Reports or copies of arbitral awards addressing procedural or other issues of importance in international arbitration;

Nevertheless, in Ecuador, with the enactment of the Ecuadorian General Organic Code of Processes (GOCP) in 2015, the domestic rules of procedure require a new homologation process prior the enforcement of international arbitral awards.

In addition, this new homologation process established in the GOPC represents a disadvantage for international arbitral awards compared to domestic awards, reducing somewhat the effectiveness and development of international arbitration in the countrIn addition, this new homologation process established in the GOPC represents a disadvantage for international arbitral awards compared to domestic awards, reducing somewhat the effectiveness and development of international arbitration in the countrin the GOPC represents a disadvantage for international arbitral awards compared to domestic awards, reducing somewhat the effectiveness and development of international arbitration in the countrin the country.

In which case, there should not be a distinction between the enforcement of domestic arbitral and international awards in the State where the enforcement is sought, on the base of reciprocitIn which case, there should not be a distinction between the enforcement of domestic arbitral and international awards in the State where the enforcement is sought, on the base of reciprocitin the State where the enforcement is sought, on the base of reciprocity.

The SCC decision in the Yugraneft case could be interesting as a policy signal in this regard and will hopefully serve as motivation for legislative action clarifying the procedural status of all international arbitral awards.

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?

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 enforcement regime.

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.