Sentences with phrase «of enforcement of arbitral awards»

Not exact matches

It is quite fascinating to note that the topic I elected to write a thesis on more than 17 years ago remains a topical issue to the extent that a world leading institution such as the IBA has constituted a sub-committee, under the auspices of the IBA Arbitration Committee, to tackle public policy in relation to enforcement of arbitral awards, and the sub-committee issued an excellent report last year on the matter.

His practice covers a broad array of subject matters, including constitutional law, sovereign immunity, arbitration, enforcement of arbitral awards, business litigation, securities fraud, criminal law, and intellectual property.

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 arbitEnforcement 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 arbitralArbitral 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 arbitralarbitral 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 arbitenforcement of arbitralarbitral 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.

Article 2 of the 1927 Geneva Convention states in relevant part: «If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it think fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide».

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

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).

Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning enforcement of judgments and arbitral awards in our four jurisdictions.

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

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.

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).

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

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 - 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 - 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.

Another concern raised at the time of drafting the provision that allows for partial recognition and enforcement was that «an arbitral award constitutes an organic whole, the spirit of which may be violated if it is split up into component parts.»

The conditions for recognition and enforcement in the Convention establish a «ceiling», or maximum level of control, which Contracting States may exert over arbitral awards and arbitration agreements.

The Supreme Court of Ukraine recently upheld enforcement of an SCC arbitral award.

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).

Travaux préparatoires, Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations, Report by the Secretary - General, Recognition and Enforcement of Foreign Arbitral Awards, E / 2822, Annex II, pp. 18 - 19; Fouchard Gaillard Goldman on International Commercial Arbitration 454, para. 756 (E. Gaillard, J. Savage eds., 1999).

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

Similarities and distinctions with respect to enforcement of foreign arbitral awards, and potential implications for forum selection.

Article V (1)(a) provides that courts may refuse recognition or enforcement of arbitral awards which are not based on a valid arbitration agreement.832 Article V (1)(a) is similar in nature to article V (1)(c) in that both articles concern whether an arbitral award has been rendered on the basis of a valid arbitration agreement.

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).

Further, where an application to set aside the arbitral award was pending before a court at the seat of the arbitration, the Court of Appeal of England and Wales considered that the partial enforcement provisions of article V (1)(c) could be applied to enforce the parts of the award that were not subject to challenge.836

As recorded in the travaux préparatoires of the New York Convention, the omission of language in the 1927 Geneva Convention allowing postponement of recognition or enforcement, or granting enforcement subject to a guarantee, of any award that «has not covered all the questions submitted to the arbitral tribunal», was a «significant change» from the wording of the 1927 Geneva Convention.809 The omission is particularly notable given that article V (1)(c) contains very similar language to article 2 (b) of the 1927 Geneva Convention.810

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).

The Pechersky District Court of Kyiv recently granted enforcement of an SCC arbitral award in a case between Remington Worldwide Limited («Remington») and the State of Ukraine.

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

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).

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 — Commentary

Parties have brought successful challenges to enforcement of arbitral awards under article V (1)(c) in several jurisdictions on the grounds that the arbitral award addressed a party that was not bound by the arbitration agreement.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

The New York Convention, however, limits the scope of article V (1)(c) by omitting language found in article 2 of the 1927 Geneva Convention which permitted enforcing authorities to delay, or create conditions in relation to, the enforcement of awards, where the award did not cover all the questions submitted to the arbitral tribunal.793

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such awards.

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.

Article V (1)(d) of the Convention sets out the fourth enumerated defence to the recognition and enforcement of a foreign arbitral award.

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 arbitEnforcement of Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitralArbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral aAwards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitenforcement of foreign arbitralarbitral awardsawards.

Article V (1)(c) of the New York Convention allows the competent authorities in Contracting States to refuse recognition and enforcement of an arbitral award, or part of that award, where the award contains decisions on matters «beyond the scope of the submission to arbitration».

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.

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.

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.»

The Convention was concise, composed of only 16 Articles, and dealt with two issues: the enforcement of the agreement to arbitrate and the enforcement of the resulting arbitral award.

Travaux préparatoires, United Nations Conference on International Commercial Arbitration, Report by the Secretary - General — Corrigendum — Recognition and Enforcement of Foreign Arbitral Awards, E / 2822 / Corr.

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).

By imposing stricter rules on recognition and enforcement of foreign arbitral awards, a Contracting State will breach its obligations under the Convention.

Fernando Perez Correa / Enforcement and Recognition of Foreign Judgements and Arbitral Awards in Mexico / 77 Defense Counsel Journal 384 (2010)- 2010

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

In a case concerning an application for enforcement that was subject to both the New York Convention and the European Convention, the Italian Court of Cassation decided that enforcement should be denied where the presumption under Article VIII had not been rebutted because one party seeking enforcement had expressly requested during the arbitral proceeding that reasons be given for the award.