Not exact matches
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 arbit
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 arbitral a
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 a
awards issued where the seat
of arbitration is Hong Kong benefit from this internationally renowned system
of mutual recognition and
enforcement of arbit
enforcement of arbitral
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.
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).
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 (
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 (F
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 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (
foreign arbitral
awards of 1958, in Practitioner's Handbook on International Arbitration 499, paras. 39 - 40 (F
awards 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).
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).
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).
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
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.
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 arbit
Enforcement of Foreign Arbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral
Foreign Arbitral
Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral a
Awards (the New York Convention), the world finally had a treaty that would allow for
enforcement of foreign arbit
enforcement of foreign arbitral
foreign arbitral
awardsawards.
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.»
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.
Comments
on the draft Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards
Comments by governments
on the draft Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards
An overview
of the history
of the realisation
of The Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards (the New York Convention) can be found under «History 1923 - 1958»
E / 2822 / Add.1 - Recognition and
Enforcement of Foreign Arbitral
Awards: Comments by governments
on the draft Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards
ECOSOC requests the Secretary - General to ascertain from the governments whether they consider it desirable to convene a conference to conclude a Convention
on the recognition and
enforcement of foreign arbitral
awards, and whether they are prepared to participate in such a conference
Report
of the Committee, recommending a Draft Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards
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.
Pursuant to the Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards (The New York Convention of 1958), which has been acceded to by 156 countries so far, arbitral awards may be recognised and enforced in these contracting s
Awards (The New York Convention
of 1958), which has been acceded to by 156 countries so far, arbitral
awards may be recognised and enforced in these contracting s
awards may be recognised and enforced in these contracting states.
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.
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.
Please see Gilbertson Davis LLP's related practice areas webpages
on International Commercial Arbitration,
on Cross-Border Litigation, and
on the Recognition and
Enforcement of Foreign Arbitration
Awards.
This website was created to host information
on the implementation
of the Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards, signed in New York
on 10 June 1958, with a view
of promoting its uniform and effective application throughout the world.
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 1958 Convention
on the Recognition and
Enforcement of Foreign Arbitral Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure f
Enforcement of Foreign Arbitral
Awards, which governs the enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from t
Awards, which governs the
enforcement of arbitral awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure f
enforcement of arbitral
awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from t
awards worldwide, has been ratified by all EU Member States and will be unaffected by the UK's departure from the EU.
Canada acceded to the United Nations Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards in 1986 (the «UNCITRAL Model Law») declaring that it would apply the Convention only to differences arising out
of legal relationships, whether contractual or not, that were considered commercial under the laws
of Canada, except in the case
of the Province
of Quebec where the law did not provide for such limitation.
While
enforcement, a
foreign arbitral
award shall,
on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code
of Civil Procedure 1908, in the same manner as if it were a decree
of the domestic Court.
Is your country a contracting state to the New York Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards?
As Lord Mance observed: «Security pending the outcome
of foreign proceedings is, in effect, the price
of an adjournment which an
award debtor is seeking, not to be imposed
on an
award debtor who is resisting
enforcement on properly arguable grounds».
Supreme Court rules that challenge to
enforcement of foreign arbitral
award can not be conditional
on payment
of security
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.
The exception exists principally because the cross-border recognition and
enforcement of arbitral awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels
enforcement of arbitral
awards is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (re
awards is governed by the Convention
on the Recognition and
Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels
Enforcement of Foreign Arbitral
Awards 1958 (the New York Convention), the priority of which is confirmed in a new Art 73 (2) to the Brussels I (re
Awards 1958 (the New York Convention), the priority
of which is confirmed in a new Art 73 (2) to the Brussels I (recast).
The challenges are the same as the ones raised
on a regular basis, i.e. applicability
of foreign law as governing law;
enforcement and implementation
of contracts as well as the
enforcement of arbitration
awards or
foreign judgments.
Based
on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral
awards should be considered, at least for
enforcement purposes, equivalent to
foreign judgments, and, as such, should benefit from the 10 - year limitation period under s. 11
of the Alberta Limitations Act.
In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I. 9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards as is contained in the UNCITRAL Model Law) is the law
of Ontario.
The accession by the State
of Bahrain to the Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards, 1958 shall in no way constitute recognition
of Israel or be a cause for the establishment
of any relations
of any kind therewith.
Giving guidance to
foreign and Chinese clients
on the conduct
of arbitration before LMAA for purpose
of securing recognition and
enforcement of foreign arbitration
awards in China.
If the
award is subject to an action for setting aside in the country in which, or under the law
of which, it is made («the country
of origin»), the
foreign court before which
enforcement of the
award is sought may adjourn its decision
on enforcement (Article VI).
Upon ratification:
On the basis
of reciprocity, the Republic
of Argentina will apply the Convention only to the recognition and
enforcement of foreign arbitral
awards made in the territory
of another Contracting State.
Advised
on the conduct
of arbitration before LMAA for the purpose
of securing recognition and the
enforcement of foreign arbitration
awards in China.
His practice covers a wide range
of PRC law issues with a focus
on litigation at different levels
of PRC courts and arbitration matters in PRC including cross-border litigation and arbitration proceedings, and
foreign arbitration
awards recognition and
enforcement in China.
The Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards, done in New York, 10 June 1958 (the New York Convention), is described as the most successful treaty in private international law.
It is understood that the accession
of the State
of Kuwait to the Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards, done at New York,
on the 10th
of June 1958, does not mean in any way recognition
of Israel or entering with it into relations governed by the Convention thereto acceded by the State
of Kuwait.
Zimbabwe is also a signatory to the New York Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards.
Canada and UAE — New York Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards In 2006, United Arab Emirates joined 137 other nations in acceding to the United Nations Convention
on the Recognition and
Enforcement of Foreign Arbitral
Awards (the so - called 1958 New York Convention).