-- Instructed by Orrick, Herrington & Sutcliffe LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to
enforce an arbitration award for in excess of # 50 million against an Indian entity, challenged on the basis of there being no jurisdiction to enforce where no assets present in the jurisdiction.
(China and the UK are both parties to the New York Convention, which requires courts of contracting states to recognise and
enforce arbitration awards made in other contracting states.)
In a briefing, law firm Bryan Cave said it showed that the English courts will
enforce an arbitration award despite the existence of a challenge in the courts of the seat if that challenge will only be resolved after very lengthy delays.
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 Trends.
-- Instructed by Orrick, Herrington & Sutcliffe LLP LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to
enforce an arbitration award for in excess of # 50 million against an Indian entity.
[2014] EWHC 3704 (Comm) The Commercial Court dismissed the application brought by Cruz City 1 Mauritius Holdings («Cruz City») who sought to obtain freezing orders on the basis of English proceedings that had been commenced to
enforce an arbitration award against, among others, non-parties to -LSB-...]
Tom is also regularly instructed in ancillary court proceedings, including claims to
enforce arbitration awards.
Certain provinces of Canada have adopted the New York Convention, which states the participating provinces to
enforce arbitration awards, and that enforcement may only be refused on limited grounds.
The Arbitration Act itself specifically provides that Courts are not to interfere in disputes covered by an arbitration agreement other than for the limited purposes of assisting in the conduct of arbitrations, ensuring that they are conducted in accordance with arbitration clauses, to prevent unequal or unfair treatment of parties to arbitration clauses, and to
enforce arbitration awards.
The Bumbesti [2000] QB 559: Chris acted for the Claimants in this dispute concerning the right of arrest to
enforce arbitration awards.
-- Instructed by Orrick, Herrington & Sutcliffe LLP (as junior to Joe Smouha QC) for a Cayman hedge fund in its efforts to
enforce an arbitration award for in excess of # 50 million against an Indian entity.
In this issue: New CIETAC Rules: 1 January 2015;
Enforcing an arbitration award against a non-party: a recent English case; Singapore Court of Appeal continues to support non-interventionist approach to arbitration; The New York Convention 1958 half a century on: is it still effective?
; Trends in
enforcing arbitration awards in the UAE; The best of both worlds in alternative dispute resolution: Singapore's Arb - Med - Arb Protocol; Conferences and events.
Both the ICAA and the Ontario domestic Arbitration Act, 1991 now provide for a 10 year limitation period to commence a proceeding to
enforce an arbitration award.
The court's reaction to the state's attempt to draw a distinction between submitting to arbitration proceedings and submitting to court proceedings to
enforce an arbitration award was interesting.
Certain provinces of Canada have adopted the New York Convention, which provides that participating Canadian provinces will
enforce arbitration awards, subject to limited exceptions.
Where trial justices have reviewed a petition to
enforce an arbitration award and issued findings, the supreme court stated «the findings of a trial justice sitting without a jury are entitled to great weight and will not be disturbed on appeal unless it can be shown that such findings are clearly wrong or that the trial justice misconceived or overlooked material evidence.»
Another change requires associations, if they don't escrow funds because of the cost, to adopt their state's «aggressive and cost - effective» procedures for
enforcing arbitration awards.