Arbitral Award

Arbitral Award, Colombia, Money Laundering, Non-justiciability, Security Exceptions, Self-judging clauses

(University of Vienna)/ /Leave a comment

One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the functioning and effect of security exceptions. One of the reasons for that is the relatively low number of investment treaties that include such provisions…

Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award

, (Fietta LLP)/ /Leave a comment

On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings…

Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel, USA

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”) having challenged the arbitral awards before the Swiss Federal Supreme Court (“seat court”) and the courts in Germany, Singapore, and the United States (“US”) (“enforcement courts”)….

Arbitral Award, Enforcement, Pakistan

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The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments under the 1958 New York Convention (“Convention”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan.   The…

Arbitral Award, Arbitration, Awards, ITA Arbitration Report, VIAC

, (Vienna International Arbitral Centre, VIAC)/ /Leave a comment

The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)’s Selected Arbitral Awards are intended to provide a unique and valuable insight into a diverse range of important and challenging procedural and substantive issues, which have arisen in international arbitration under the auspices of the Vienna Rules since its inception in 1975. The…

Arbitral Award, China, Enforcement, New York Convention

, , , (Zhong Lun Law Firm (Shanghai Office))/ /Leave a comment

This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and enforcement rates, the geographical distribution of applicants, the amount claimed, the time taken for rulings, respondents’ participation, and the sources of arbitral awards. It…

Arbitral Award, China, Enforcement, New York Convention

, , , (Zhong Lun Law Firm (Shanghai Office))/ /Leave a comment

This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the results show that, (1) on average, the courts of the People’s Republic of China (“PRC”) handled more than 20 applications per year and rendered rulings…

Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

(Baker McKenzie)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…

Arbitrability, Arbitral Award, Colombia, Enforcement, Latin America, Public Policy

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment

This post addresses the recognition and enforcement of foreign awards in Colombia and summarizes two important cases decided in 2022 by the Civil Chamber of the Colombian Supreme Court of Justice (“Court”) on the matter. These cases illustrate the process of analysis undertaken by the Court to decide requests for recognition and enforcement of foreign…

Appeal, Arbitral Award, Arbitration Award, Arbitration Awards, Awards, Final Award, Finality, Fraud, Revision of Award

, (Busse Disputes)/ /1 Comment

One of the great advantages of arbitration is that it is a “one-shot” dispute resolution mechanism that does not allow for a series of appeals. Indeed, many users stress the finality of awards and the lack of an appeals mechanism as a valuable characteristic of arbitration. However, there may be situations where the “one shot”…

Arbitral Award, CAM-CCBC Arbitration Congress IX Edition, Latin America, Publication of Arbitral Awards

(Rodrigo Mendes Advogados)/ /Leave a comment

Between 17-23 October 2022, the São Paulo Arbitration Week (“SPAW”) was held with multiple events in different parts of the biggest city of Latin America. The SPAW is a collaborative event, organized by Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), and is conceived as a calendar for law firms, universities,…

Arbitral Award, Arbitration Award, Arbitration Awards, Arbitrator's mandate, Arbitrators, Awards, Efficiency, ICSID Arbitration, Reasoned Awards

(Henry William Lawyers)/ /4 Comments

There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to discussing human anatomy, and one of them asked Lincoln, a distinctly tall man himself, how long he thought a man’s legs should be. Long enough,…

Arbitral Award, Arbitration clause, Canada, Colombia, ICSID, ICSID Arbitration, International environmental disputes, Treaty Interpretation

(LALIVE) and (Homburger)/ /Leave a comment

Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on jurisdiction and liability in Eco Oro Minerals Corp. (“Eco Oro”) v. Colombia.   Background and Award This dispute arose from Colombia’s measures adopted in connection…

Arbitral Award, COVID-19, e-signatures, Enforcement, France

, (Hanefeld)/ /Leave a comment

The Paris Court of Appeal has ruled in a Covid-related set aside request that French law does not impose an obligation on arbitrators to sign an award simultaneously on the same page. In a judgment dated 30 November 2021, the international chamber of the Paris Court of Appeal rejected an application to set aside a…

Arbitral Award, Poland, Statistics

, , (Kubas Kos Gałkowski)/ /Leave a comment

Arbitration has been well-established in Poland already before and throughout the 1920s. It has, however, experienced a downturn between 1945 and 1989 due to the distrust of the Polish state. The winds had changed in the 1990s when arbitration started to flourish again. Since then, the Polish parliament introduced several reforms previously discussed on this…

Africa, Arbitral Award, Arbitration, CCJA Arbitration, Courts

(Martial Akakpo et Associes) and (Universite de Lome)/ /Leave a comment

Since its creation, the Common Court of Justice and Arbitration (CCJA) has been at the forefront of promoting international arbitration in Africa, particularly with respect to creating a favourable setting for international and regional arbitration under the Uniform Act on Arbitration adopted by the seventeen OHADA Member States. This momentum continued with the recent adoption…

Arbitral Award, Arbitration Award, Dissenting opinions, Germany

, (Willkie Farr & Gallagher LLP)/ /Leave a comment
Young ICCA

A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions in German arbitration proceedings permissible? From an international perspective, dissenting opinions in arbitral awards are by no means unusual.  That is why it…

Arbitral Award, e-signatures, Foreign arbitral awards, LCIA Rules, New York Convention

(Busse Disputes)/ /Leave a comment

Electronic signatures (e-signatures) may affect in some cases arbitration’s most valuable characteristic: the enforceability of the arbitral award. In most jurisdictions, and in particular pursuant to Article 31(1) of the UNCITRAL Model Law on International Commercial Arbitration, arbitral awards must be rendered in writing and contain the arbitrators’ signatures. The enforceability risks of authenticating an arbitral…

Additional Award, Arbitral Award, Arbitration, Functus Officio, New York, Partial award, United States

(Chaffetz Lindsey LLP)/ /1 Comment
International Centre for Dispute Resolution (ICDR)

In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and corrected an earlier decision rendered in a “partial final award.”  The Court concluded that arbitrators are not functus officio to reconsider an interim…

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 (Equanimity Arbitration)/ /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…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings

(Kabine Law Office) and (Equanimity Arbitration)/ /Leave a comment

The COVID-19 pandemic catapulted discussions on online dispute resolution methods like no other phenomenon. With this, determining the proper seat for online arbitration has become the center of conversation. As the world adapted to the challenges presented by the pandemic, so too did international arbitration. Suddenly, there was a wave of virtual hearings, webinars and…

Accession to the EU, Arbitral Award, Border Dispute, CJEU, TFEU

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On 11 December 2019, the Advocate General Priit Pikamäe delivered its Opinion recommending the Court of Justice of the European Union (“CJEU”) to declare that it does not have jurisdiction to rule in infringement of European Union (“EU”) law proceedings concerning the long-running border dispute between Slovenia and Croatia, which the CJEU endorsed in the…

Arbitral Award, Arbitrators, conflict of interest, Enforceability, Experts, Germany, Independence and Impartiality

, (Hanefeld Rechtsanwälte)/ /1 Comment

Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the most fundamental duties to safeguard the legitimacy of arbitration. Yet, what are the consequences if they fail to do so? This question has…

Arbitral Award, Courts, Enforcement, Hungary, International arbitration, International Commercial Arbitration, New York Convention

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the international arbitration community in the ICCA Yearbook of Commercial Arbitration series. This case law of 20 years is summarized below by identifying the main directions…