Member, ICC Task Force on National Rules of Procedure for Recognition and Enforcement
of Foreign Awards pursuant to the New York Convention of 1958, 2007 --
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).
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.
Article 235 of the CPC provides for the enforcement
of foreign awards in the UAE.
She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement
of foreign awards».
Joaquim T. de Paiva Muniz; Ana Tereza Palhares Basilio / Chapter 9 — Recognition and Enforcement
of Foreign Awards / in Arbitration Law of Brazil: Practice and Procedure, 2nd édition, Juris (2015)- 2015
Often the best use
of foreign award programs is to book domestic flights.
It is not the intention of Part III to allow a simple «top up»
of a foreign award so that the applicant receives what he or she would have been awarded by an English Court.
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.
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.
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).
Section 46 (b) of the Arbitration Law provides that the court may refuse to recognise and enforce a foreign award, if any of the following in submission for recognition and enforcement
of foreign award can be proved by the respondent:
Learned senior counsel submits that none of the objections raised by the respondent opposing enforcement
of the foreign award are made out by the respondent.
Learned senior counsel submits that the objection of the respondent that the learned arbitrator was biased or his conduct gave any rise to the apprehension of bias on such grounds is totally frivolous and in any event is not a ground available under section 48 of the Arbitration and Conciliation Act for opposing enforcement
of the foreign award.
In rejoinder Mr. Pratap learned senior counsel submits that neither any case is made out for opposing enforcement
of the foreign award nor any case is made out under section 34 of the Act.
It is submitted that none of the grounds invoked by the respondent for objecting to the enforcement
of the foreign award fall under any of the provisions under section
Learned Senior Counsel submits that the allegations made by the respondent against arbitrator are totally frivolous and no such ground in any event available under section 48 of the Act while opposing enforcement
of the foreign award.
Learned senior counsel submits that if such finding of forgery rendered by the learned arbitrator which amounts to a serious criminal::: Downloaded on - 13/05/2014 23:52:28::: Kvm 42/107 ARBP259.13 charge is not set aside, such award would be a decree of this Court and would be executed by the claimant by filing criminal proceedings against the respondent based on such perverse finding which are without jurisdiction, such award would be thus in conflict with public policy under Section 34 of the Act and even under the narrower ground of public policy while considering the objection to the enforcement
of a foreign award as held by the SC in case of Shri Lal Mahal Ltd..
Not exact matches
Gina Rinehart and Shanghai CRED's joint venture has proposed a counter-bid to that
of the all - Australian consortium competing for the Kidman cattle empire, and says Hancock Prospecting would wholly acquire the target if
foreign investment approvals aren't
awarded.
After the dust settled at the 75th annual Golden Globe
Awards, Hulu walked away with two of the night's biggest awards in the television categories, while Amazon saw yet another comedy series crowned a critical darling by the Hollywood Foreign Press Associ
Awards, Hulu walked away with two
of the night's biggest
awards in the television categories, while Amazon saw yet another comedy series crowned a critical darling by the Hollywood Foreign Press Associ
awards in the television categories, while Amazon saw yet another comedy series crowned a critical darling by the Hollywood
Foreign Press Association.
Netflix was also shut out in the
award show's film categories, with the streaming service's original feature film Mudbound failing to win either
of its two nominations, while the Cambodian Civil War drama First They Killed My Father also fell short in the
foreign film category.
Since 1990,
foreign investors from China, Canada and the Middle East have invested more than $ 6.8 billion in American businesses, been
awarded 29,000 U.S. Visas, and created thousands
of American jobs through the EB - 5 Immigrant Investor Program.
Johnson must now also give up his chairmanship
of the
Foreign Language Film
Award Executive Committee, where he has spearheaded a number
of changes that have angered some members but also significantly reduced the confounding choices and grievous oversights that once plagued the category.
Foreign countries with large product orders with U.S. companies, typically require proof
of credit support before
awarding bids.
Meanwhile, the best
foreign film
award went to Andrey Zvagintsev's «Leviathan», a movie that is scathingly critical about the state
of contemporary Russia.
Winner
of the
Foreign Acquisition
of the Year
Award was TD Bank Financial Group with its acquisition
of Commerce Bancorp..
On Monday, the Department
of Defense announced in its daily digest
of defense contracts that Lockheed Martin had been
awarded a one - year, $ 1.4 billion logistics contract to service F - 35 Lightning II stealth fighter jets that have been sold to the U.S. Air Force, Marine Corps, and Navy, as well as to
foreign buyers.
Hard - core
award travel enthusiasts will learn the details
of these
foreign programs and find ways to redeem their miles for outstanding values.
The absence
of any reference to The Greatest Story Ever Told by the Catholics and the fact that all but one
of the films cited were
foreign made, added to the furor
of the National Council
awards, created a shock wave in the industry still reverberating.
Winner
of the Academy
Award for «Best
Foreign Language Film,» The Salesman is an Iranian contemporary drama written and directed by Asghar Farhadi that outlines the universal effects
of post-traumatic stress disorder and how it can tear apart loving relationships.
The FWO has found 76 per cent
of Caltex stores audited were exploiting workers, including breaching workplace laws and «significantly» under paying
award wages to young
foreign workers on visas.
Primeira Liga Manager
of the Year (2): 2002 — 03, 2003 — 04 Premier League Manager
of the Year (2): 2004 — 05, 2005 — 06 Premier League Manager
of the Month (3): November 2004, January 2005, March 2007 Serie A Manager
of the Year (2): 2008 — 09, 2009 — 10 Albo Panchina d'Oro (1): 2009 — 10 Miguel Muñoz Trophy (2): 2010 — 11, 2011 — 12 UEFA Manager
of the Year (2): 2002 — 03, 2003 — 04 UEFA Team
of the Year (4): 2003, 2004, 2005, 2010 Onze d'Or Coach
of the Year (2): 2005, 2010 FIFA World Coach
of the Year (1): 2010 IFFHS World's Best Club Coach (3): 2004, 2005, 2010 World Soccer Magazine World Manager
of the Year (3): 2004, 2005, 2010 LPFP
Awards Best Portuguese Manager in
Foreign Countries (2): 2008 — 09, 2009 — 10 BBC Sports Personality
of the Year Coach
Award (1): 2005 La Gazzetta dello Sport Man
of the Year (1): 2010 International Sports Press Association Best Manager in the World (1): 2010 Prémio Prestígio Fernando Soromenho (1): 2012
Kai has recently been
awarded the Venia Legendi in Political Science (2013) at the University
of Cologne, on the basis
of a professorial dissertation on the domestic sources
of European integration and
foreign policy.
While Obama has not fully lived up to the hopes the international community had for him (demonstrating the folly
of awarding peace prizes in advance), he at least still commands the respect
of his international counterparts and
foreign audiences.
At the
Foreign Press Association's annual
awards ceremony, London's mayor congratulated the assembled ranks
of international correspondents for circumventing Britain's «crazy immigration system» to work here.
Last night I sat on the same table as the
foreign secretary at the Spectator Parliamentarian
of the Year
Awards.
Austin Beaudette and Kira Daniels, winners
of awards from the New York State Association
of Foreign Language Teachers, pose with their teacher, Lynn Gore (right) and Saugerties High School
Foreign Language Department chairwoman Bernadette Dvorak.
How can we expect a president who admits to accepting a $ 100,000 gift from a
foreign contractor who was
awarded a government contract through the efforts
of the President, to have the courage and desire to stop his Ministers and other officials from dipping their hands into the state coffers?»
The panel investigated allegations
of violations
of law and due process made against Lawal in the
award of contracts under the Presidential Initiative on the North East while it probed Oke on the discovery
of large amounts
of foreign and local currencies by the Economic and Financial Crimes Commission in a residential apartment at Osborne Towers, Ikoyi, Lagos, for which NIA is laying claim.
Foreign Office Minister Henry Bellingham presented the
awards in his capacity as the
Foreign & Commonwealth Office's Minister with responsibility for counter-piracy issues and on behalf
of the British Government.
Professor Li Shirong President
of the Chartered Institute
of Building (CIOB) and Deputy Director General
of the Chongqing
Foreign Trade and Economic Relations Commission, was
awarded the coveted «Alumnus
of the Year
Award» at the British Business
Awards 2009 last night in Beijing.
The Minority members on the committee, Dr. Dominic Ayine and James Klutse Avedzi, contend that the «Ministry
of Trade and Industry failed or neglected to take account
of possible violations
of foreign corrupt practice laws and regulations in the conception, design and organization
of the Expatriate Business
Awards.»
The Ministry
of Trade and Industry failed or neglected to take account
of possible violations
of foreign corrupt practice laws and regulations in the conception, design and organization
of the expatriate business
awards.
The
Foreign Office also received an
award for this job advert, informing candidates that the role involves: «Maintenance and development
of job narrative around FCO and its value proposition, using insights from research and evaluation as well as knowledge
of the evolving FCO strategy to inform resonant messaging.»
«I am a woman from the Niger Delta, who, through perseverance and sheer hard work rose to one
of the highest positions in the country's premier International Oil Company, and in tune with my ethos
of hard work, I earned the prestigious British
Foreign and Commonwealth Chevening Scholarship
Award and was, thereafter, admitted to my MBA programme at the World renowned Cambridge University,» she said.
Earlier, the Commissioner for Tertiary Education, Science and Technology, Dr Amina Ahmed said the project was
awarded at an initial contract sum
of N690, 977,860.52 but revised to N1, 052,712,252.49 due to the down turn
of the national economy and the consequent hike in
foreign exchange.
The five - member ad hoc committee set up by the Speaker
of Parliament to probe into claims that
foreign businesses were levied to sit near President Nana Addo Dankwa Akufo - Addo at the Ghana Expatriates Business
Awards (GEBA) has finished its work.
The umbrella body
of local road contractors, the Progressive Road Contractors Association (PROCA), has asked government to stop the practice
of awarding contracts to
foreign companies or expatriates.
Modesty has characterised Lib Dem
foreign affairs spokesman Sir Menzies Campbell's reaction to his hat trick
of wins in this week's politics
awards.
The AAAS
Award for Science Diplomacy recognizes an individual or a limited number
of individuals working together in the scientific and engineering or
foreign affairs communities making an outstanding contribution to furthering science diplomacy.