Arbitral Award

Arbitral Award, Enforcement, England, English Law, Set aside an arbitral award, Set aside an international arbitral award

(University of Aberdeen)/ /2 Comments

The Main Approaches Regarding Enforcement of Annulled Foreign Awards The ongoing issue of whether an award that was set aside in the country of origin should be enforced has recently arisen in England and Wales. This issue has divided jurisdictions in two camps: the first camp is comprised of jurisdictions that are ready to enforce…

Arbitral Award, Arbitrator's mandate, Tribunal Secretary, Tribunal's assistant, Yukos

(Central European University)/ /4 Comments

Co-Authored with Patricia Živković (Assistant Editor for Europe) On July 18, 2014, the arbitral tribunal (“Tribunal”) rendered final awards (“Award”) in three cases brought by former shareholders of OAO Yukos Oil Company (“Yukos”). As already well known, the Tribunal unanimously decided that the Russian Federation had breached Article 13(1) of the Energy Charter Treaty by…

Arbitral Award, Enforcement, Final Award, Interim Award, Singapore, Singapore International Arbitration Centre

(Clyde and Co) and (Clyde & Co.)/ /1 Comment
Clyde & Co.

Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The 2006 UNCITRAL amendments concerned, among other matters, the use of interim awards in international arbitration, and recognised “the need for provisions in the Model Law…

Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy

(Mechantaf Law)/ /Leave a comment

In one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab States (the “UAIAC”), the Cairo Court of Appeal has revived in its decision dated February 5, 2014, the principle of finality of arbitration awards, by…

Arbitral Award, Arbitral seat, Brazil, New York Convention, Recognition and enforcement of arbitral award

(King & Spalding)/ /1 Comment

On September 1, 2014, the Brazilian Superior Court of Justice (“STJ”) issued an important decision recognizing, for the first time, an unreasoned arbitral award in Newedge USA, LLC v. Manoel Fernando Garcia. Notwithstanding challenges to the recognition and enforcement on the grounds that the New York arbitral award purported violated Brazilian public policy due to…

Arbitral Award, Arbitration, Arbitration Database

(Bocconi University)/ /Leave a comment
Arbitrator Intelligence

On Monday, September 22, Arbitrator Intelligence officially launches! This blog post gives some basic background about the project, explains how to use the site, and asks for your help in fulfilling our “Wish List.” When you are done reading, visit the site here! The goal of Arbitrator Intelligence is to promote transparency, fairness, and accountability…

Arbitral Award, Domestic Courts, ICC Arbitration, Summary Judgment

(Bryan Cave Leighton Paisner LLP)/ /1 Comment
Bryan Cave Leighton Paisner LLP

and Irina Tymczyszyn, Bryan Cave LLP An M&A dispute between Travis Coal Restructured Holdings LLC (“Travis”) and Essar Global Fund Limited (“EGFL”) and related parallel proceedings in England and New York have shone the spotlight back on the issue of summary judgment in international arbitration. The United States District Court for the Southern District of…

Anti-suit injunction, Arbitral Award, Arbitration, Arbitration Proceedings, Brazil, Domestic Courts, Domestic law

(Justen, Pereira, Oliveira & Talamini)/ /2 Comments

Recently, the Kluwer Arbitration Blog published a post regarding the ongoing saga between the The Clorox Company and the Petroplus Companies. That post sought to answer two general questions: 1) the power of international arbitrators to overturn interim measures granted by Brazilian courts, and 2) the power of Brazilian courts to stay international arbitrations. While…

Arbitral Award, Set aside an arbitral award, UNCITRAL Model Law

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

In further nod to the non-interventionist and pro-arbitration stance of the Singapore courts, the Singapore Court of Appeal in BLC and ors v. BLB and anor [2014] SGCA 40 (“the BLC decision“) reversed the decision of the High Court to set aside part of an arbitration award (“Award“) on the ground of a breach of…

Arbitral Award, Enforcement, Mareva Injunction

(Fasken Martineau DuMoulin LLP)/ /1 Comment

By Henri Alvarez and Alexandra Mitretodis, Fasken Martineau DuMoulin LLP In Sociedade-de-fomento Industrial Private Limited v. Pakistan Steel Mills Corporation, decided on June 2, 2014, the Court of Appeal of British Columbia set the test in international arbitration for enforcing foreign arbitral awards by freezing assets. The decision confirms that a party with limited association…

Arbitral Award, Arbitration Act, New York Convention

(Peters & Peters Solicitors LLP)/ /Leave a comment
YIAG

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is given effect in England and Wales through sections 100 to 103 of the Arbitration Act 1996 (the “1996 Act”). As is well known, the beneficiary of an award promulgated by an arbitral tribunal in a state-party to the New…

Arbitral Award, Arbitration Institutions and Rules, BIT, Enforcement, India, Investment, Investment Arbitration, Investment protection

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and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law for Young Arbitration Practitioners It has been some time since the White Industries Australia Limited v Republic of India judgment was rendered against India in 2011. However, there remain several interesting aspects of the case still not widely…