Recognition and enforcement of arbitral award

Corruption, France, Recognition and enforcement of arbitral award

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

It’s all still to play for. After the Paris Court of Appeal refused enforcement of a Swiss arbitral award against Alstom on the grounds of corruption, the French Supreme Court has now overturned that decision, ruling that the judges misinterpreted the evidence before them. The case may now be referred to the Versailles Court of…

Belarus, Public Policy, Recognition and enforcement of arbitral award

(Bureau 24 Law Group)/ /2 Comments

This blog post examines the approaches of Belarusian law and judicial practice to the application of public policy rules. Considering specific cases, the author makes suggestions for mitigating the risks to challenge of arbitral awards on the grounds of non-compliance with Belarusian public policy.   Supreme Court Resolution on Public Policy Under Belarusian law, Belarusian…

Arbitration Proceedings, Authentication, Enforcement, Foreign arbitral awards, Mexico, Recognition and enforcement of arbitral award

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In the constitutional lawsuit (amparo) with court docket number 7856/2019, the First Chamber of the National Supreme Court of Justice analyzed the constitutionality of Article 1461, second paragraph, of the Commercial Code, which states, in its relevant part, that a party interested in enforcing an arbitration award must file the original arbitral award “duly authenticated”.1)Precedent…

France, Netherlands, Paris Court of Appeal, Recognition and enforcement of arbitral award, Russia, State entity, Uncategorized, United States, United States Courts, Yukos

(Russian Arbitration Association)/ /Leave a comment

The dispute between the former owners of the Yukos oil company and the Russian Federation concerning damages of more than US$50 billion is the largest in the history of arbitration. With thousands of pages written on the topic, the dispute has been summarized in earlier posts (see, amongst others, here and here). Following three arbitrations…

Arbitral seat, Arbitration Agreement, Arbitration institution, China, Recognition and enforcement of arbitral award

(Arnold & Porter Kaye Scholer LLP) and / /Leave a comment

In any arbitration, the parties’ choice of seat normally determines the legal regime under which an arbitration is conducted and any award is enforced.1)At the beginning of her career, Tereza was a tribunal secretary to Dr. Jane Willems in her role as sole arbitrator in the arbitration case at hand: Brentwood Industries, Inc. v. Guangdong…

Arbitral seat, Arbitration Agreement, Arbitration institution, China, Recognition and enforcement of arbitral award

(Arnold & Porter Kaye Scholer LLP) and / /Leave a comment

In Part I of our post, we discussed the long-standing uncertainties existing in China about what legal regime governs arbitrations administered by foreign arbitral institutions.1)At the beginning of her career, Tereza was a tribunal secretary to Dr. Jane Willems in her role as sole arbitrator in the arbitration case at hand: Brentwood Industries, Inc. v….

Arbitration Agreement, Arbitration institution, China, Recognition and enforcement of arbitral award

(JunHe LLP) and (Altenburger)/ /Leave a comment

Since the enactment of the People’s Republic of China (“PRC”) Arbitration Law (1994), Chinese arbitration commissions have had exclusive access to the mainland China arbitration market. This is primarily because the establishment and operation of arbitration institutions are subject to the prior approval of the “administrative department of justice of the relevant province, autonomous region…

Arbitral Award, COVID-19, Enforcement, International arbitration, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Recognition and enforcement of arbitral award, Virtual hearings

(American University of Armenia, ADR Clinic), (American University of Armenia, Technology and Innovation Legal Clinic), and (Beale & Company LLP)/ /Leave a comment

The COVID-19 outbreak as of now affects 183 states and a number of territories. Out of 164 State signatories to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”) only Marshall Islands, Tonga, Palau are not affected by the pandemic; all 153 state members to the ICSID Convention…

Arbitration Act, New York Convention, Recognition and enforcement of arbitral award, Tonga

, , (Clifford Chance Asia)/ /Leave a comment

On 12 June 2020, the Kingdom of Tonga (“Tonga“) acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “Convention“), being the 164th state party to do so. In the context of the Pacific region, Tonga is the 6th state to accede to the Convention after the Marshall…

Africa, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Reciprocity, Recognition and enforcement of arbitral award, Republic of Seychelles, Switzerland

(Taylor Wessing) and (University of Konstanz, Germany)/ /Leave a comment
YIAG

On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York Convention thus comes into force for the Seychelles today (Article XII(2) New York Convention). The Cabinet and the National Assembly had approved the accession on…

ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law

(Quisumbing Torres) and / /Leave a comment

The year 2019 was a milestone year for alternative dispute resolution (“ADR“) in the Philippines. It saw the inaugural Philippine Arbitration Convention organized by the Philippine Institute of Arbitrators (“PIArb“) on 25 November 2019 (the “Arbitration Day“), the signing of the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention“), the implementation of…

Arbitration, Interim measures, Macau, Recognition and enforcement of arbitral award

, , (Morrison & Foerster LLP)/ /Leave a comment

The Macau Special Administrative Region of the People’s Republic of China (“Macau”) has seen a dramatic decrease of foreign direct investment in the last few years. According to data from the Macau Statistics and Census Service, foreign direct investment dropped 79.9% in 2017 compared to 2016. In order to attract more investment, Macau needs to…

Annulment, Recognition and enforcement of arbitral award, Set aside an international arbitral award

(Arbitrator Intelligence)/ /Leave a comment

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) prescribes mandatory, uniform international rules for the recognition and enforcement of international arbitration agreements and awards in the Contracting States. Pursuant to Article V(1)(e) of the New York Convention, an award may be denied recognition and enforcement by the…

Achmea, CJEU, EU Law, ICSID Arbitration, Micula, Recognition and enforcement of arbitral award

(Université libre de Bruxelles)/ /Leave a comment
Linklaters

In a striking new episode of the long-running Micula saga, the General Court of the CJEU has quashed the European Commission’s 2015 decision that Romania’s payment of the €178 million award rendered by an ICSID tribunal back in 2013 would constitute illegal State aid in the meaning of Article 107 of the TFEU. In its…

Greece, Public Policy, Recognition and enforcement of arbitral award

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A recent court judgment confirms enforceability in Greece of a US judgment awarding USD 10 million in punitive damages  The Judgment no. 722 of 2019 of the Single Member Civil Court of Piraeus paves the way to a more permissive approach as regards the enforceability of foreign court judgments and arbitral awards on punitive damages…

BIT, Recognition and enforcement of arbitral award, Russia, Sovereign Immunity

(Luther Rechtsanwaltsgesellschaft mbH)/ /Leave a comment

Several authors have already discussed the enforcement of arbitral awards in Russia (see for example the recent posts on the issue estoppel and public policy in recognition and enforcement proceedings, on the confusion relating to the material scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and on the enforceability of…

Georgia, ICC, ICC Arbitration, Recognition and enforcement of arbitral award, Russia, Unilateral Clauses

(New Vision University / Georgian Association of Arbitrators)/ /5 Comments

“May” means “Shall” in Georgia! – this was the telephone message I received on January 18, 2018 from a colleague who had just been informed in the courtroom that the ICC arbitration clause he was relying upon was upheld by the Supreme Court of Georgia. I had been following this case [Supreme Court of Georgia…

Arbitrability, Arbitration Awards, China, ICDR, Recognition and enforcement of arbitral award, Tax

(Xiamen Intermediate People's Court of People's Republic of China)/ /Leave a comment

On 12 June 2018, the Xiamen Intermediate People’s Court of PRC (“Court”), in Subway International B.V. v Xiamen Woguan Enterprise Management Co., Ltd, upheld an ICDR award made by sole arbitrator Charles J. Moxley Jr., Esq.1)The author would like to thank Judge Chen Yanzhong of Xiamen Maritime Court for his comments on the earlier drafts of…

Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties

(Colibra Insurance)/ /Leave a comment

Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one begs the question: How this should be perceived in practice?  Because, when interpreting EU law not to be compatible with BIT-based dispute resolution, or vice…

Arbitral Award, Recognition and enforcement of arbitral award, Serbia, Set aside an arbitral award, Suspension of Enforcement

(University of Novi Sad)/ /Leave a comment

Enforcement for some may be a chimera, an overrated factor in choosing the dispute resolution methods.1)Cameron Ford, The Enforcement Chimera, Kluwer Arbitration Blog, May 10. 2018. Yet, efforts that have been invested in enforcement of judgments within the Hague Conference on Private International Law2)See the Draft Judgments Convention and of international commercial settlement agreements reached…

Enforceability, Enforcement, Recognition and enforcement of arbitral award

(Squire Patton Boggs)/ /2 Comments

“Enforcement” of arbitral awards is one of the main selling points of arbitration, with the perception being that nothing yet comes close to the New York Convention to enforce court judgments. The Hague Convention on Choice of Court Agreements will assist when adopted by more countries. For now, the mere uttering of the incantation “enforceability”…

Brazil, Commercial Arbitration, Enforcement, Latin America, Recognition and enforcement of arbitral award

( King & Spalding LLP)/ /Leave a comment

For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision, the Brazilian Superior Court of Justice (in Portuguese, “Superior Tribunal de Justiça” or “STJ”) denied recognition of two US arbitral awards. Abengoa has appealed from…

DIFC, DIFC conduit jurisdiction, Non-arbitrability, Public Policy, Recognition and enforcement of arbitral award

(Blanke Arbitration LLC)/ /Leave a comment

To readers of this Blog, the Dubai International Financial Centre (DIFC) is well known as an arbitration-friendly seat of arbitration in its own right. Developments there are fast apace and have more recently given rise to two challenge actions that, in turn, have raised considerations of arbitrability within the DIFC and the status of the…

Enforcement, Pakistan, Recognition and enforcement of arbitral award

(Orr, Dignam & Co. Advocates)/ /4 Comments

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”), 1958 was adopted by Pakistan on 14 July 2005 through the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005. This was re-promulgated in the years 2006, 2007, 2009 and 2010 until it was finally enacted in 2011 (“2011 Act”).  …