Sentences with phrase «to enforce the award»

They include narrow grounds to challenge an award and quicker procedures to enforce awards in local courts.

«It's certainly not a lot of fun to try to enforce your awards there,» he says.

Tullow's group's CEO Aidan Heavey cited the «expenses of further proceedings and the difficulty in enforcing any award against DRC, even in the event of success» as reasons for discontinuing legal proceedings.

Representing CIS clients in obtaining twelve overseas arbitration awards, and then enforcing those awards under the New York Convention against bank accounts / assets in various countries, including the appointment of English liquidators and BVI Receivers.

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.

When Achmea decided to enforce the award before German courts, the German Federal Court of Justice asked the European Court of Justice whether the ISDS mechanism in the Slovak - Netherlands investment agreement was compatible with the EU Treaties.

The English courts therefore retain a discretion to enforce an award even where one of these grounds exists, but this discretion is very narrowly construed (Yukos Oil Company v Dardana Ltd [2002] 2 Lloyd's Rep 326; Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs (Pakistan)[2009] EWCA Civ 755).

Justice Mew referred to the decision of the Paris Court of Appeal in SA Auto Guadeloupe Investissements v Colombus Acquisitions Inc, RG 13 / 13459 (cour d'appel de Paris, 14 October 2014), in which the court declined to enforce an award because Canadian arbitrator Henri Alvarez did not fully disclose a conflict of interest relating to his law firm, Fasken Martineau.

When exercising its discretion to enforce an award despite a violation being established, the learned judge stated that the court must ask itself this question: «is the court able to say that it can exclude the possibility that if the violation established had not occurred, the outcome of the award would not be different?»

There is no public policy to refuse to enforce an award based on a contract during the course of the performance of which there has been a failed attempt at fraud.»

Some 36 % of claimants who had not received payment had attempted to enforce the award through the county court, and 40 % of unpaid or part paid claimants did not know that the award could be enforced through the county court.

After all, he adds, «any number of countries which have ratified the New York convention found ways to avoid enforcing awards against nationals or the government of that country.»

If an award has been set aside on grounds that are not listed under the NYC, a court in a subsequent country may in its discretion enforce that award.

[9] Subsequent to the reporting of this judgment, this author is not aware of any reported attempts to enforce the award elsewhere.

Application by the Defendant to set aside an English judgment enforcing the award.

The Court of Appeals was moved by IIC's repeated failure to protect its rights by not posting a bond — but the New York Convention does not require the posting of a bond or automatically stay a secondary jurisdiction from enforcing an award upon such a posting.

Kettani notes that aside from introducing these major reforms, the Moroccan government also schedules regular training and seminars for judges to encourage them to support arbitration proceedings and to enforce awards accordingly.

HALT's Report Card graded fee arbitration systems in six categories: (1) whether lawyers are required to participate in binding arbitration at a client's request; (2) the ease of initiating arbitration; (3) the amount of state bar publicity of fee arbitration; (4) the program's reliance on non-lawyer arbitrators; (5) whether non-binding mediation is offered in addition to arbitration; and (6) how the system enforces awards.

Where an award is made in favour of a Claimant at arbitration often the Claimant will have to enforce that award rather than enjoy the luxury of it being paid voluntarily.

Although the JVA was a commercial transaction under SIA 1978, s 3, the application to enforce the award did not «relate» to that transaction.

Consequently, where an arbitral tribunal has rendered an award which decides matters beyond the scope of the arbitration agreement, there is a ground for refusing to enforce an award under article V (1)(c).799

According to Alexander Hansebout, a dispute resolution practitioner at Altius in Belgium, companies are finding it difficult to enforce awards against the DRC and its state - owned entities because, simply, «the country has no serious legal system in place.»

[correction 22 March 2018: the post previously mentioned that Achmea had sought to enforce the award before German courts, but it was the Slovak Republic that brought the action]

So by asking for a $ 50,000 lump - sum spousal award — which was the same amount she would have received in equalization were it not for the husband's bankruptcy — the wife could enforce the award even after the husband was discharged.

Since 2004, IPCO has repeatedly sought to enforce the award in England before the proceedings in Nigeria have been concluded.

Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the award, saying the court had jurisdiction because the ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain, where the Tata group's interests include Tata Motors and Tata Steel.

A month later the Japanese firm won an order from the London Commercial Court to enforce the award in Britain.

Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys» fees, incurred by the other party in enforcing the award.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.