Sentences with phrase «with arbitral awards»

The case is of interest to parties involved with international arbitration in the region, and affirms the Singapore Courts» commitment not to interfere with arbitral awards wherever possible.

Courts are generally reluctant to interfere with arbitral awards.

Cecil Abraham, practice head, and Sunil Abraham are assisting the Islamic Religious and Malay Customs Council (Majlis Ugama Islam Pahang) in the case Majlis Ugama Islam Pahang v Far East Holdings about whether a court may interfere — and under what circumstances - with an arbitral award.

Not exact matches

The term «arbitral procedure» encompasses the period beginning with the filing of an action and ending when the award is rendered.891 The application of the law by a tribunal, on the other hand, goes to the actual merits of a dispute and therefore falls outside the scope of review at the recognition and enforcement stage.892

With respect to the award of interest, the Hamburg Court of Appeal rejected a challenge to enforcement under article V (1)(c), made on the basis that the arbitral tribunal had awarded more interest than had been claimed, considering that an «arbitral tribunal can in its discretion and on its own initiative award interest and compound interest for the time until the rendition of the award and for the time after the rendition of the award.»

Article V (1)(d) provides that the composition of the arbitral authority must have been in accordance with the agreement of the parties, or in the absence of an agreement, the law of the country where the arbitration took place, failing which recognition and enforcement of the award may be refused.

In 2009 the arbitral tribunal found that it had jurisdiction over the dispute and in 2012 the arbitral tribunal delivered a final award on the merits, unanimously stating that the Russian Federation was guilty of expropriation and ordered Russia to pay compensation in accordance with the BIT.

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

Similarities and distinctions with respect to enforcement of foreign arbitral awards, and potential implications for forum selection.

The court ultimately rejected this challenge because the arbitral award, though mentioning other parties who were not bound by the arbitration agreement, did not make any award in their favour or any determination with respect to the rights of those parties.820

For instance, in a 1968 case, a Swiss court refused to issue an enforcement order on the grounds that the arbitral tribunal had not complied with the agreement of the parties that «all disputes should be settled in one and the same arbitral proceedings» and instead conducted the arbitration in two stages.904 In a 2001 case, the Italian Supreme Court enforced a first award but not a second award made with respect to the same dispute.

The Svea Court of Appeal dismissed Kazakhstan's claims, holding that the award was not clearly incompatible with Swedish ordre public, that the arbitration agreement was valid, and that the arbitral tribunal was duly appointed.

He is well versed with issues related to the enforcement of arbitral awards, including applications for the setting aside of such 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 arbitralArbitral Awards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitral aAwards (the New York Convention), the world finally had a treaty that would allow for enforcement of foreign arbitralarbitral awardsawards.

The Convention was concise, composed of only 16 Articles, and dealt with two issues: the enforcement of the agreement to arbitrate and the enforcement of the resulting arbitral award.

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

In accordance with article VII (1), a Contracting State will not be in breach of the Convention by enforcing arbitral awards and arbitration agreements pursuant to more liberal regimes than the Convention itself.

Such an interpretation would directly conflict with the «pro-enforcement bias» of the Convention and its intention to remove obstacles to confirmation of arbitral awards.»

Leading commentators agree that article V (1)(c) does not apply to awards which fail to address all the issues submitted to the arbitral tribunal for resolution.808 Though there are no reported cases addressing whether article V (1)(c) applies to awards rendered infra petita, the view that such awards do not provide grounds for refusal of recognition or enforcement is consistent with the text and spirit of the Convention.

For instance, a German court enforced an award rendered in Turkey where the parties had agreed to the rules of the Arbitral Commission of the Istanbul Chamber of Commerce and Industry, and rejected a party's argument that the procedure was not in accordance with the requirements of the Turkish Code of Civil Procedure.866

The arbitral award noted that this decision was taken with the agreement of the parties, and the party opposing enforcement had not reserved it rights at the time of the decision or following receipt of letters confirming the decision.

The New York Convention was established as a result of dissatisfaction with the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.

2014 has started with a bang from an arbitration perspective with the decision in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan), involving the conversion of an arbitration award to a financial consent order and comments from Sir James Munby that «an arbitral award is surely of its nature even stronger than a simple agreement between the parties» and «the judge will not need to play the detective unless something leaps off the page to indicate that something has gone so seriously wrong in the arbitral process as fundamentally to vitiate the arbitral award».

However, the shipowner had raised the issue of bias against the arbitrator, seeking to «reserve» its position, but continued with the arbitral process, which had led to an award.

The European Commission must therefore -LSB-...] express its reservation with respect to the Arbitral Tribunal's competence to arbitrate the claim brought before it by Eureko B.V.» (see para. 193 of the award)

The site can be searched by keyword with filters for such things as type of text (Court Decision, Arbitral Awards, Doctrine, Clause, Legislation or Principles) or language (English, French, German, Italian, Spanish, Dutch, Portugese and Latin).

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 first part of the article deals with the mandatory requirements of arbitral awards (reasons, scope of arbitral jurisdiction, etc.), while the second describes the desirable limits of judicial review.

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.

[7] While excluding judicial decisions and arbitral awards will limit the number of parties served by the instrument, the working group considered it best to avoid «overlap» with other conventions and minimize confusion among enforcement authorities over which instrument applies, although the final wording of this provision remains to be determined.

Broadly speaking, arbitration sees two parties agree to convene to resolve a dispute, with one granted an arbitral award by whoever is overseeing proceedings.

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.»

Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.

In addition to having been instructed in major arbitrations, such as the Bermudan - based arbitration relating to the reinsurance of Arthur Andersen following the collapse of Enron and WorldCom, and Elektrim SA's long running dispute with Vivendi Universal over Polish telecommunications, he has particular expertise in relation to inter relief applications to the Court in relation to heavy arbitrations such as ETI Euro Telecom V Republic of Bolivia [2008](no pre-emptive relief in aid of an ICSID arbitration); Elektrim SA v Vivendi [2007] 1 Lloyd's Rep 693 (s. 68 of AA 1996 and awards obtained by fraud); Elektrim v Vivendi [2007] 2 Lloyd's Rep 8 (injunction to restrain arbitration continuing) Telenor East Holding II AS v Altimo Holdings & Investments Ltd (multi-billion dollar shareholder dispute — interim injunction under s. 44 of the AA 1996); Steadfast v Baker Hughes (s. 9 (3) step in the action preventing a stay in favour of arbitration) and enforcement of arbitral awards (Yukos v Rosneft: US$ 500m and Yukos v Russian Federation US$ 50 billion.

When an option, we assist our clients with court appeals and other court challenges in respect of arbitral awards, in the enforcement of awards that have not been complied with or in resisting enforcement where appropriate, including working with trusted foreign counsel should the relevant proceedings be abroad.

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.

With litigation being a major forte, TianTong also renders professional service relating to arbitration, enforcement of judgement or arbitral awards and providing Chinese law expert opinions in foreign - related litigation and arbitration proceedings.

Another approach to avoid this concern might be to regard immunity as inapplicable to a proceeding which relates directly to another, non-immune underlying proceeding only where it is a necessary or readily foreseeable corollary of that underlying proceeding — as is the case with proceedings to enforce a foreign arbitral award, but not, presumably, with a defamation action arising from statements made in an earlier proceeding.

Indeed, the majority further expressed the view (obiter) that an arbitral tribunal could order a final (rather than interim) award requiring compliance with the DAB's decision if that is all that the tribunal was asked to rule on.

Nevertheless, in Ecuador, with the enactment of the Ecuadorian General Organic Code of Processes (GOCP) in 2015, the domestic rules of procedure require a new homologation process prior the enforcement of international arbitral awards.

For almost 130 principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academic sources.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

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.

The issues before the SCC in this case highlight the existence of problematic gaps in Canadian legislation with regard to the procedural status of international arbitral awards.

Declaration: «In accordance with article I (3) of the said Convention the Government of Kenya declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another contracting state.»

Freshfields worked with Econet for eight years to secure a favourable arbitral award over a dispute relating to its stake in Nigerian telco VNL

With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties.

«In accordance with article I (3) of the said Convention the Government of Ireland declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State».

Ecuador, on a basis of reciprocity, will apply the Convention to the recognition and enforcement of arbitral awards made in the territory of another Contracting State only if such awards have been made with respect to differences arising out of legal relationships which are regarded as commercial under Ecuadorian 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.