Arbitral Award

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 (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…

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

(Kabine Law Office) and (Beale & Company LLP)/ /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

/ /Leave a comment

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…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Hungary, Set aside an arbitral award, Set aside an international arbitral award

(ESSEC Business School, Paris; Queritius)/ /Leave a comment

As reported in earlier blog posts on the Kluwer Arbitration Blog, 1) See, e.g., Zoltán Novák, New Arbitration Act in Hungary, Kluwer Arbitration Blog, 15 October 2017; Alexandra Bognár, Hungary: Are Interim Measures Hard to Enforce?, Kluwer Arbitration Blog, 18 July 2017; Ioana Knoll-Tudor, The 2018 Hungarian Arbitration Act: Implications of the New Setting Aside…

Annulment, Appeal, Arbitral Award, Awards, ICSID, United States

, (Arent Fox)/ /Leave a comment

Introduction The enforcement bar is becoming more specialized. This development follows the trend in U.S. litigation towards increasing specialization and the growth of niche practice industries; but it also stems from specific changes to the enforcement regime that are addressed in this article and that have important implications for the life-cycle of an international arbitration….

Arbitral Award, Brazil, Brazilian Arbitration Act, Concession Agreement, Confidentiality, Latin America, Public Contract, Public Entities, São Paulo, Time Management

(MVA Advogados)/ /Leave a comment

A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra”), and the Dock Companies for the State of São Paulo (“CODESP”) seems to have been concluded by a recent arbitral award. The dispute concerned a concession agreement of two terminals…

Ad hoc arbitration, Arbitral Award, Arbitral Tribunal, Arbitration, Europe, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Turkey, Uncategorized

, (Baysal & Demir Law Firm)/ /Leave a comment

The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies. Albeit applying the same provisions, national courts continue to adopt different approaches to the enforcement of foreign arbitral awards. This is particularly true…

Additional Award, Allocation of costs, Arbitrability, Arbitral Award, Arbitration, Arbitrator's Fees, Arbitrators, Dispute, England, English Arbitration Act, English courts, English Law

, , (Signature Litigation)/ /1 Comment

A little under ten years ago Sir Rupert Jackson proposed significant reforms to reduce the costs of litigation in England and Wales. It is fair to say that while his reforms have received both praise and criticism over the past decade, they are largely considered to have been a success in curtailing the costs of…

Arbitral Award, Enforcement, India, Interim Orders

(Bombay High Court)/ /1 Comment

Background The Indian Arbitration and Conciliation Act, 1996 (“Act”) provides, in Section 37(2)(b), for an ‘appeal’ from an arbitral tribunal’s order on interim/provisional measures (“interim order”). It, however, does not stipulate the standard of review that the court must apply while reviewing an interim order. Sans any prescribed legislative standard, courts have two alternatives available: test…

Arbitral Award, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy

(Loyola University Chicago School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA), Academic Council

On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part worked as the drafters intended. The drafters knew that by permitting courts to refuse to enforce foreign arbitral awards based on public policy, they were…

Arbitral Award, Enforcement, New York Convention, Russia

(Egorov Puginsky Afanasiev & Partners)/ /Leave a comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has its own scope – it states that it “shall apply to the recognition and enforcement of arbitral awards”. Only decisions made by arbitrators are to be considered “awards” within the meaning of the New York Convention1)UNCITRAL Secretariat Guide on the…

Africa, Arbitral Award, Arbitral seat, Arbitration institution, Arbitration Institutions and Rules, Ethiopia, Uncategorized

(Beale & Company LLP)/ /1 Comment

Five years after filing the Permanent Court of Arbitration (PCA) Case No. 2013-32 under the European Development Fund Arbitration Rules (EDF Rules), the claimant, Consta JV (an Italian contractor), would have hoped for a successful award against the CDE (a joint enterprise between the Ethiopian and Djibouti government) that would be upheld by the local…