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.
This decision has been appealed and it will be interesting to see the effects the ruling will have on the enforcement
of international arbitration awards.
DC's a lot
of international arbitration award enforcement, white collar crime and antitrust.»
«This judgment has not only established that NNPC is free to advance its case that the award had been procured by fraud, but it also gives legal clarity and precedent regarding the attaching of conditions to the raising of a defence to the enforcement
of an international arbitration award.
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.
Not exact matches
The company said that it intends use the net proceeds from the
arbitration award, after federal and state taxes
of approximately 37 percent and certain other expenses, to repurchase Mondelez
International Class A Common Stock, subject to final approval by the Board
of Directors and actual receipt
of the proceeds.
In
international arbitration enforcement
of awards is facilitated by the New York Convention 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.
As Director
of Arbitration and ADR, North America, for the ICC
International Court
of Arbitration, she advised North American companies, law firms and parties on all phases
of ICC
arbitration, including negotiating and drafting
arbitration clauses, substantive and procedural rules for filing requests for
arbitration before the ICC Court, and enforcement
of arbitration awards
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.
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.
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 A
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 A
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.»
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...
Our world - renowned
international arbitration team, with more than 150 lawyers across the globe, is one
of the few global legal practices with the experience and resources to assist clients from the onset
of a dispute, through to enforcement
of an
award.
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.
They may also help improve the reputation
of international arbitration, which has been criticised for its lack
of transparency (both
of the process and the
awards) and accountability (
of arbitrators and practitioners alike) by some sections
of the media and members
of the legal profession.
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);
The
award, based on the research and opinions
of thousands
of lawyers, recognises Essex Court as the pre-eminent set for
international arbitration.
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.
Yet the enforcement
of international arbitral
awards continues to be one
of the key challenges
of the
international arbitration system, complicated further where the non-complying
award debtor is a state.
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.»
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.
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.
The lawyers at Gilbertson Davis LLP can assist individuals or companies with the enforcement, or resisting enforcement,
of both domestic
arbitration awards and
international arbitration 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 States.
Wilmer Cutler Pickering Hale and Dorr LLP's
International Arbitration Group has been named as the «Firm of the Year» for international arbitration by The Legal 500 UK
International Arbitration Group has been named as the «Firm
of the Year» for
international arbitration by The Legal 500 UK
international arbitration by The Legal 500 UK
Awards 2013.
This
award reflects the hard work and the quality and commitment
of our entire
international arbitration team.»
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
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).
Reacting to complaints that
arbitration has become increasingly costly and slow, at the start
of 2016 the
International Chamber
of Commerce (ICC) announced new time scale expectations for the submission
of awards to try and combat the problem.
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 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.
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.
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
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.
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.