Enforcement

DIAC, DIFC, Enforceability, Enforcement, Enforcement of an arbitration clause, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 20 June 2024 (ARB 009/2024 Narcisco v. Nash), the Dubai International Financial Centre (“DIFC”) Court of First Instance (“DIFC CFI”) was asked, as part of a wider investigation to grant an anti-suit injunction, to consider the validity of an arbitration agreement that provided for arbitration under the DIFC-London Court of…

Colombia, Enforcement, ICSID Arbitration, Immunity, Latin America, Recognition

, , (Brigard Urrutia)/ /Leave a comment

Rusoro Mining Ltd. (“Rusoro”), a Canadian corporation, filed an investment claim against The Bolivarian Republic of Venezuela (“Venezuela”), pursuant to the International Centre for Settlement of Investment Disputes (“ICSID”) Additional Facility Arbitration (“AF”) Rules of April 2006 (Case No. ARB(AF)/12/5). Rusoro claimed that, between 2009 and 2010, Venezuela expropriated its investment over mining rights and…

Enforcement, Hague Convention on Choice of Court Agreements, Hague Judgements Convention, International arbitration, Judgment, Recognition

(Brunel University London)/ /Leave a comment

On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales. This blog post shall first…

Ecuador, Enforcement, Latin America, New York Convention, Recognition and enforcement of arbitral award

(Pérez Bustamante & Ponce and Universidad San Francisco de Quito) and (Pérez Bustamente & Ponce)/ /Leave a comment

Through Ruling No. 3232-19-EP/24, Ecuador’s Constitutional Court (“Court”) settled a long-standing discussion and confirmed that recognition prior to the enforcement of foreign arbitral awards is an unreasonable requirement in light of the Ecuadorian legal system. In this post, we describe the factual background of the Court’s ruling and examine the procedural issues underlying the recent…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Germany, Injunction, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Spain

(University of Cologne (International Investment Law Centre))/ /Leave a comment

On 12 April 2024, the Regional Court of Essen (“LG Essen”) dismissed Spain’s request for an anti-enforcement injunction of an intra-EU investor-state arbitration award (2 O 447/22). The LG Essen held that anti-enforcement injunctions are inadmissible because they violate state sovereignty. This blog post will cover the facts and background of the decision, examine the…

Arbitration Award, Chinese Arbitration Law, Enforcement

(Arnold & Porter), (JunHe LLP), and / /Leave a comment

It is well-recognized in the world of international arbitration that the curial courts—those at the seat of the arbitration—have supervisory jurisdiction over their local arbitral proceedings (the so-called “seat standard”). Despite this, Chinese courts have historically been reluctant to take on the mantle of this supervisory jurisdiction for arbitrations administered by foreign arbitration institutions within…

Annulment, Enforcement, Investor-State arbitration, Public Policy, Swiss Private International Law Act, Switzerland

(Walder Wyss)/ /Leave a comment

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC”) rendered decision 4A_486/2023, upholding the unpublished Final Award in Clorox Spain S.L. v. Bolivarian Republic of Venezuela (“Clorox v. Venezuela”) (PCA Case No. 2015-30). In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela,…

Canada, Enforcement, Interim measures, UNCITRAL Model Law

(Woods LLP)/ /Leave a comment

The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a Canadian aircraft manufacturer Bombardier inc. and the Hellenic Ministry of Defense (“HMOD”). The case of Eurobank Ergasias v. Bombardier inc. brings to the forefront…

Arbitration Awards, Enforcement, New York Convention, Supreme Court of Pakistan

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The recognition and enforcement of foreign arbitral awards in Pakistan has been a subject of significant legal scrutiny and development. The Supreme Court of Pakistan has recently issued a landmark judgment aimed at clarifying and rectifying the legal framework surrounding this issue, aligning it more closely with international standards.    Historical Background Historically, the enforcement…

Enforcement, LIDW 2024

(Lalive)/ /Leave a comment

On the final day of London International Disputes Week 2024 (“LIDW”), LALIVE and Kobre & Kim hosted an event on arbitration and enforcement involving sovereign States. The panel of speakers comprised Andrew Stafford KC and Nicholas Surmacz of Kobre & Kim, as well as Sandrine Giroud and Marc Veit of LALIVE. They explored issues relating…

Access to Justice, Enforcement, International arbitration, LIDW 2024, Russia, Sanctions

(Geneva Graduate Institute) and (B. Cremades y Asociados)/ /Leave a comment

As part of the 2024 London International Disputes Week (“LIDW”), Kirkland & Ellis hosted an event titled “Panel Session on Sanctioned Countries”. The panel, comprised of Anna Bradshaw (Peters & Peters), James Freeman (A&O Shearman), Maya Lester KC (Brick Court Chambers), David Lorello (Covington & Burlington), Jon Newman (Kirkland & Ellis), and Dara Shagal (Pinna…

Enforcement, ISDS, LIDW 2024, London, Mediation, Third party funding

(Stockholm University)/ /Leave a comment

The centerpiece of the 2024 London International Disputes Week was the full day main Conference on Tuesday, 4 June, bringing together leaders from across the dispute resolution world to discuss the topical issues of the moment under the theme of Uniting for Global Challenge and Opportunity.   The Conference was opened by Luke Harrison, partner…

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…

empirical data, Empirical Research, Enforcement, International arbitration

(The University of Kansas School of Law), (Pepperdine Caruso School of Law; Three Crowns), (Pepperdine University School of Law), and (Bocconi University)/ /1 Comment

International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically test this estimated 90% enforcement rate (see here, here, here, and here). When they ran their numbers regarding how frequently national courts give effect to awards, however, they found…

DIAC, Enforceability, Enforcement, Enforcement of arbitration agreement, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted the difficulties that Decree No. 34/2021(Concerning the Dubai International Arbitration Centre) (“Decree No. 34/2021”) may cause to the enforceability of DIFC-LCIA arbitration clauses in arbitrations…

Enforcement, English Law, UK

(A&O Shearman)/ /Leave a comment

On 14 April 2024, the English Commercial Court granted Crescent Gas Corporation Limited (“CGC”) ownership of a London property to assist it (partially) to recover a USD 2.6 billion judgment debt owed by the National Iranian Oil Company (“NIOC”).  This post explores the court’s decision and key takeaways for practitioners particularly regarding enforcement strategies.  …

Belgium, BIT, Court of Appeal, Enforcement, Final Award, Poland, Public Policy, Set aside an arbitral award

(Crowell & Moring) and (A&O Shearman)/ /Leave a comment

The Brussels first instance court attracted significant attention in 2022 by deciding to set aside an UNCITRAL award regarding a claim brought against the Republic of Poland under the US-Poland bilateral investment treaty (“US-Poland BIT”).  This was the first time we had seen a Belgian court set aside an investment treaty award.  The first instance…

Articles of State Responsibility, Artificial Intelligence, Delhi Arbitration Week, Enforcement, Immunity, India, Technology

(DSK Legal), , (Skywards Law), and (AZB and Partners)/ /Leave a comment

The Delhi Arbitration Week (“DAW”) 2024 that took place from 6 to 10 March 2024 featured two panel discussions that focused on emerging issues such as state owned entities (“SOEs”) and the role of technology in arbitration. The panel discussions came into play at a time when there have been significant developments and challenges globally…

Achmea, Brexit, Enforcement, English courts, European Commission, European Court of Justice, Micula, Sweden, UK Supreme Court

, , (Vinge)/ /Leave a comment

In a recent judgment dated 14 March 2024, European Commission v UK Case C-516/22, the Court of Justice of the European Union (“CJEU”) ruled that the UK failed to comply with its obligations under EU law (the “CJEU Judgment”). A casual reader may wonder how this could be. After all, the UK officially left the…

Enforcement, ISDS, United States Courts

(Pierson Ferdinand) and / /Leave a comment

The second front can open in the United States (“U.S.”) for over 50 investment arbitration claims against the Kingdom of Spain (“Spain”) that are worth hundreds of millions of U.S. dollars combined. The ongoing disputes spotlighted the continuing controversy between the decisions of the European Union’s (“EU”) highest court and international investment tribunals. The cases…

CJEU, Corruption, Enforcement, Immunity, Intra-EU ISDS, Investment Arbitration, Paris Arbitration Week, Public Policy

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

As part of 2024 Paris Arbitration Week, Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Swords and Shields: Navigating Current Trends in Enforcing Arbitral Awards.” The event featured Sebastiano Nessi, Loujaine Kahaleh, and Juan Perla, and was moderated by Geoffroy Lyonnet. The panel examined recent trends in the enforcement of arbitral awards, starting…

Enforcement, India, New York Convention

, , (AZB & Partners)/ /Leave a comment

The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum. Despite widespread acceptance of the Convention, the Territorial Reservation continues to be a domestic limitation on the Convention’s applicability. In this post, we analyse how the Territorial Reservation ought…

Enforcement, Hong Kong, Russia, Sanctions

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In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration, sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements. With this comes disputes in a myriad…

CEE, Central Asia, Enforcement, Paris Arbitration Week, Russia, Sanctions, Third party funding

(Addleshaw Goddard LLP)/ /Leave a comment

The eighth edition of the Paris Arbitration Week (“PAW”) started this Monday with Addleshaw Goddard hosting a roundtable event on “The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future”. The discussion included experts from various background: Sébastien Jean (Associate Director of the Geoeconomics and Geofinance Initiative,…