A U.S. District Court rejected Argentina's attempt to vacate a USD 21 million
international arbitration award in a proceeding administered by ICSID under the...
Not exact matches
In international arbitration enforcement of awards is facilitated by the New York Convention in more jurisdictions and more easily than enforcement of court judgments internationall
In international arbitration enforcement of
awards is facilitated by the New York Convention
in more jurisdictions and more easily than enforcement of court judgments internationall
in more jurisdictions and more easily than enforcement of court judgments internationally.
This question of arbitrator disclosure keeps surfacing
in international arbitration, because it is an effective way to challenge an
award.
Even without the detailed statistics, the ICC Report gives great insights on how arbitral tribunals
award costs
in international arbitration.
The Smit - Lowenfeld Prize is
awarded annually by the
International Arbitration Club of New York to recognize the outstanding article published in the previous year on any aspect of international
International Arbitration Club of New York to recognize the outstanding article published
in the previous year on any aspect of
internationalinternational arbitration.
Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner
in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an
award was rendered by two, instead of three arbitrators, as expressly required by the rules of the
International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their
arbitration.882
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.
Accordingly, the procedure for enforcing or setting aside an
international arbitration award made
in Myanmar is uncertain.
Summary: The appellant moved the Supreme Court to grant its application for recognition and enforcement of an
arbitration award rendered by the
International Centre for Dispute Resolution
in New...
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.
The ICC has recognized that delays
in receiving
awards is a problem
in international arbitration.
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.
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.
It is anticipated that the new law will provide a properly structured procedural framework for domestic and
international arbitrations seated
in the UAE, with clear rules on when an
award may be challenged, as well as easing the route to enforcement of
awards by giving
arbitration awards the status of court judgment which can be ratified
in the UAE Courts (thereby avoiding lengthy enforcement proceedings).
Gonzalez's panel, entitled «The Contribution of Latin America to
International Law,» will address how investor - state arbitration awards involving Latin American countries have contributed to the formulation or evolution of international law, and how such evolution may impact public policy issues in L
International Law,» will address how investor - state
arbitration awards involving Latin American countries have contributed to the formulation or evolution of
international law, and how such evolution may impact public policy issues in L
international law, and how such evolution may impact public policy issues
in Latin America.
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.»
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.
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.
Clyde & Co took home the Dispute Resolution Team of the Year
award for its work on an
international arbitration case and subsequent appeal, which set a precedent that has been followed by numerous others in Dubai International Financial Centre (DIFC) award enfor
international arbitration case and subsequent appeal, which set a precedent that has been followed by numerous others
in Dubai
International Financial Centre (DIFC) award enfor
International Financial Centre (DIFC)
award enforcement cases.
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 2016, Mr. Pierce was honored for his transatlantic arbitration work by The American Lawyer in its Transatlantic Legal Awards contest and was named an exclusive recipient of the International Law Office 2016 Client Choice Award for Arbitration in the United State
In 2016, Mr. Pierce was honored for his transatlantic
arbitration work by The American Lawyer
in its Transatlantic Legal Awards contest and was named an exclusive recipient of the International Law Office 2016 Client Choice Award for Arbitration in the United State
in its Transatlantic Legal
Awards contest and was named an exclusive recipient of the
International Law Office 2016 Client Choice
Award for
Arbitration in the United State
in the United States.
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 award
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 award
in complex
international civil litigation matters
in US courts, including efforts to enforce, or resist enforcement of, international arbitral award
in 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.
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 ARBITRAT
arbitration laws that ensure acceptance of arbitral
awards and
arbitration agreements (INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRAT
arbitration agreements (
INTERNATIONAL COUNCIL FOR COMMERCIAL
ARBITRATIONARBITRATION, 2011).
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.
Reports or copies of arbitral
awards addressing procedural or other issues of importance
in international arbitration;
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 countr
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 countr
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 countr
in the country.
The homologation process might result
in the non-enforcement of every single
international arbitration award, since the GOCP has established an opportunity for the losing party to oppose the recognition.
In this instance, if domestic
arbitrations awards do not require a process of knowledge as an intermediate stage between its expedition and its execution, neither should
international awards.
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 light of the New York Convention Article III prohibition on applying more onerous procedure to the enforcement of
international arbitration awards than to that of domestic
awards, this discrepancy is problematic.
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.
In a decision recently posted on the Swedish Arbitration Portal, the Swedish Supreme Court held that an arbitration award rendered by the International Centre for Dispute Resolution in New York could be enforced in Sweden, even though the respondent had not participated in the proceeding
In a decision recently posted on the Swedish
Arbitration Portal, the Swedish Supreme Court held that an
arbitration award rendered by the
International Centre for Dispute Resolution
in New York could be enforced in Sweden, even though the respondent had not participated in the proceeding
in New York could be enforced
in Sweden, even though the respondent had not participated in the proceeding
in Sweden, even though the respondent had not participated
in the proceeding
in the proceedings.
Successfully represented a group of national and
international insurance companies
in appeal proceedings that stemmed from the issuance of a multimillion - dollar
arbitration award that arose out of an insurance loss that occurred at a coal - fired electrical generating facility.
(3) for
international arbitrations, having an
award issued within the DIFC, a jurisdiction within the UAE, will mean that parties can take advantage of the New York Convention
in enforcing the
award
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.
This database provides the most extensive collection of judicial opinions and arbitral
awards from around the world
in the field of
international commercial
arbitration.
We are experienced
in cross-border litigation and
international arbitration, including the enforcement of foreign judgments and
arbitration awards.
Commercial
Arbitration and Investor - State
Arbitration under the rules of one of the major
international arbitration institutions, such as the ICC, LCIA or ICSID and subject to a wide range of laws can be financed
in a variety of venues, against respondents whose assets appear to be available to satisfy any
award.
Martinez - Fraga and Reetz will discuss the evolving relationships between
international commercial
arbitration and the increasingly significant field of investor - state
arbitration, including the use of the U.S. courts to obtain discovery of evidence for use
in those proceedings and the differing standards used for enforcement of
international commercial and investor - state arbitral
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).
The SALI Club will look to explore the legal landscape and
in particular consider the use and effectiveness of
International Investment Agreements («IIAs»),
in particular, Bilateral Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain
arbitration awards which may be enforced against state assets.
The United Kingdom Supreme Court has unanimously ruled
in favour of the Nigerian National Petroleum Corporation
in its long - fought battle with IPCO Nigeria, thereby clarifying the conditions to raising a defence to the enforcement of an
international arbitration award.
Interestingly, the Advocate General ranged much more broadly
in reaching the same conclusion, stating that these limitations on the review of
international arbitral
awards were «contrary to the principle of effectiveness of EU law», «(n) o system can accept infringements of its most fundamental rules making up its public policy, irrespective of whether or not those infringements are flagrant or obvious» and «one or more parties to agreements which might be regarded as anticompetitive can not put these agreements beyond the reach of review under Articles 101 TFEU and 102 TFEU by resorting to
arbitration» (AG Op § § 58, 67 and 72).
In this case, the Court addressed questions of when federal courts can enforce arbitration awards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and Trend
In this case, the Court addressed questions of when federal courts can enforce
arbitration awards granted outside the U.S.. For a fuller discussion of where arbitral awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and T
awards granted outside the U.S.. For a fuller discussion of where arbitral
awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral Awards» in our e-book, International Practice: Topics and T
awards can be enforced, see the discussion of «Enforcement and Recognition of Arbitral
Awards» in our e-book, International Practice: Topics and T
Awards»
in our e-book, International Practice: Topics and Trend
in our e-book,
International Practice: Topics and Trends.
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.
FTI Consulting was recognised as the 2015 and 2016 Who's Who Legal
Awards»
Arbitration Expert Firm of the Year, firmly placing us as a leader
in the field of
international arbitration.