Enforcement

Antitrust arbitration, Arbitration, Arbitration Agreements, Arbitration Proceedings, Competition Law, Enforcement, England, English Arbitration Act, English courts, English Law, European Law, European Union, International arbitration

(University of Aberdeen)/ /Leave a comment

My previous blog post on this topic dealt with two issues stemming from the juxtaposition between the current arbitration legal framework and necessary due process requirements which are specifically developed for antitrust damages proceedings: (1) the necessary regulation of complex arbitration specifically designed for antitrust damages matters, and (2) the need to address information asymmetry…

Enforcement, Hong Kong, New York Convention, Singapore, Singapore Court of Appeal, UNCITRAL Model Law

(Breakpoint LLC)/ /Leave a comment

Introduction The dispute over the enforcement of an arbitration award (“Award”) between the Astro and Lippo groups of companies has been fought out in numerous jurisdictions, notably Singapore and Hong Kong. When Astro sought to enforce the Award it had obtained against Lippo in Singapore, Lippo resisted on the ground that the tribunal (“Tribunal”) lacked…

Arbitration Agreements, Arbitration Institutions and Rules, Enforcement, Expedited arbitration, ICC Arbitration, ICC Rules

(Hogan Lovells)/ /5 Comments

Expedited arbitration procedure, which allows procedural streamlining of arbitration proceedings, became widely accepted by arbitration institutions. The ICC followed this global trend by incorporating Expedited Procedure Rules into the ICC Rules which came into force on 1 March 2017 (see here). The incorporation of expedited procedures is a response to the need to control the…

Enforcement, Investment, Investor, ISDS, Permanent Court of Arbitration, Singapore, UNCITRAL Arbitration Rules

(Fangda Partners), (Holborn Law LLC (in association with CMS Singapore)), and (CMS Hong Kong)/ /1 Comment

In early March 2017, the Singapore High Court released a judgment in which it considered an important question of enforcement of investor-state awards. In Josias Van Zyl v Kingdom of Lesotho [2017] SGHCR 2, AR Pereira was asked to decide whether an order to enforce a final award in a treaty dispute administered by the…

Arbitration, Arbitration Awards, Enforcement, ICCA, International arbitration, Moldova

(Europa-Institut, Saarbrücken)/ /Leave a comment

One of the goals of “ICCA’s Guide to the Interpretation of the 1958 New York Convention: A Handbook for Judges” – as stated by Neil Kaplan in the Guide’s introduction – is to assist judges around the world in “using the Convention in a way consistent with its letter and spirit”. It seems that the…

Arbitral Award, Energy Charter Treaty, Enforcement, State Immunity

(Linklaters) and (Fieldfisher)/ /1 Comment
Linklaters

In the context of investor-state dispute resolution in The Netherlands, the Yukos case has recently captured the spotlight in the global arbitration arena and beyond. While much of the attention has been focused on the setting-aside proceedings and the issue of jurisdiction of the arbitral tribunal, the case also raises interesting questions regarding the enforcement…

Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy

(School of Law, University of Westminster)/ /1 Comment

It is well known that Greek public finances have been in a precarious state since the country’s debt crisis erupted in 2010. In an environment of tough fiscal consolidation, compensation awards running in millions present a significant economic and political challenge. This post discusses a case before the Greek Supreme Court that resulted in a…

Arbitration, Arbitration Awards, Bulgaria, Enforcement, FIDIC

, (Dimitrov, Petrov & Co.)/ /Leave a comment

The FIDIC forms of contracts (FIDIC forms) constitute a comprehensive set of rules applied worldwide in complicated construction projects. The FIDIC forms contain a multi-tier dispute resolution mechanism – depending on the type of a Book, they provide for consideration of disputes (1) by an Engineer (an Employer’s agent managing the construction project), (2) by…

Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Clause Incorporated by Reference, Enforcement, International arbitration, Russia

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

The question of the validity of an arbitration clause incorporated by reference is debatable in international arbitration. The approach of national courts to the issue varies from jurisdiction to jurisdiction (e.g., see here). The Russian Law on International Arbitration (1993) is based on the UNCITRAL Model Law. In particular, the Law provides in Article 7…

Arbitration, Arbitration Proceedings, Enforcement, Expert evidence, Experts, Public Policy

, (Kolcuoglu Demirkan Kocaklı Attorney Partnership)/ /Leave a comment

An arbitration-friendly decision was rendered by the 11th Civil Chamber of the Turkish Court of Appeals (“Court of Appeals”) on 22 June 2016 [File no. 2016/4931, Decision no. 2016/6886]. The decision deals with the question as to whether the arbitral tribunal’s failure to refer the calculation of damages to experts constitutes a violation of public…

Emergency Arbitrator, Enforcement, India

, / /1 Comment

India took a big leap in reforming its arbitration law by amending the Arbitration & Conciliation Act, 1996 (“Act“) in December 2015 (“2015 Amendments“). The 2015 Amendments coupled with setting up of the Mumbai Centre for International Arbitration (“MCIA“) within a year of the amendments and the increased emphasis by the Government on arbitration bode…

Admissibility, Arbitral Award, Domestic Courts, Enforcement, Germany, Interim Ruling on Jurisdiction, Parallel Proceedings, Set aside an arbitral award

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

The situation that the Bundesgerichtshof was recently faced with in a case is not uncommon: whilst a state court still reviews an arbitral tribunal’s preliminary ruling on its competence, the arbitral tribunal delivers its final award on the merits. This raises one question: What are the implications for the pending challenge to jurisdiction? In previous…

Emergency Arbitrator, Enforcement, LCIA Arbitration

(Clyde & Co. LLP) and (Clyde & Co.)/ /2 Comments
Clyde & Co.

Modern institutional arbitration rules commonly provide for emergency relief at the outset of the arbitration either through the expedited formation of a tribunal or the appointment of an emergency arbitrator, or both. This could either be viewed as a broadening of options for a party seeking immediate remedy or a constraint of the court’s powers…

Arbitration, CETA, Energy Charter Treaty, Enforcement, Mediation

(Australian National University)/ /Leave a comment

Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation. This post outlines how 2016 has been an important year for investor-State mediation, considers how mediation interacts with investment treaty arbitration, and the benefits and risks associated with such a…

Arbitration, Enforcement, Enforcement of an award that was set aside

, , (Shook, Hardy & Bacon LLP) and (Albright StoneBridge Group)/ /1 Comment

Under Article V(1)(e) of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”), a court presented with an action to enforce an arbitral award “may refuse” to enforce the award “only if” the opposing party can prove that an award “has been set aside or suspended…

Arbitration, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /2 Comments

Arbitrability is a fundamental concept of arbitration law which gives an answer to a question which dispute can be submitted to arbitration. Traditionally in Russia the non-arbitrability of a dispute was explained through a public policy consideration. In other words, disputes which have or might have a public interest cannot be submitted to arbitration. The…

Corruption, Counsel conduct, Denial of justice, Ecuador, Enforcement, Latin America, North America

(Herbert Smith Freehills)/ /Leave a comment

The Second Circuit’s decision on Chevron Corporation v. Steven Donziger et. al., one more chapter of the “Chevron Saga” (discussed by the author here), arose out of a federal action commenced by Chevron Corporation in 2011 against American lawyer Steven Donziger, his law firm and the plaintiffs in the Lago Agrio claim initiated against Chevron…

Enforcement, forum non conveniens, New York Convention

, , (Shook, Hardy & Bacon LLP) and (Albright StoneBridge Group)/ /7 Comments

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes. The purpose of the New York Convention is to encourage and simplify the recognition and enforcement of foreign arbitral awards. In the case of Figueiredo…

Arbitration, Emergency Arbitrator, Enforcement, Public Policy

(Asters)/ /Leave a comment

The Ukrainian “saga” on the enforcement of the SCC emergency arbitrator’s award continues – the case is pending the second round of cassation review. The arbitration proceedings were initiated by the Dutch and English investors OIL&GAS PLC and POLTAVA GAS B.V. (“JKX” or “Claimants”) on January 7, 2015. The case concerns the alleged Ukraine’s failure…

Enforcement, Foreign arbitral awards, MENA, New York Convention, UAE, UK

(Blanke Arbitration LLC)/ /Leave a comment

To investors’ relief, in a recent ruling (see Case No. 384/2016, ruling of the Dubai Court of Cassation of 19 June 2016), the Dubai Court of Cassation reversed the lower court’s refusal to enforce an award rendered under the Rules of Arbitration of the International Chamber of Commerce (ICC) in London, England, on the basis…

Arbitration, Arbitration Agreements, Enforcement, International arbitration, New York Convention

, , (Shook, Hardy & Bacon LLP) and (Albright StoneBridge Group)/ /Leave a comment

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes. The national courts of each signatory state give meaning to the New York Convention’s terms by rendering decisions interpreting the text of the document….

Enforcement, New York Convention, Saudi Arabia

(Allen & Overy / Khoshaim & Associates)/ /3 Comments

Last month, it was announced in a legal press release (“press release”) that the Enforcement Court in Riyadh, Saudi Arabia had decided to enforce an US$18.5 million ICC arbitral award rendered in London in favour of its client, a UAE subsidiary of a Greek telecom company. The press release stated that it believed this to…

Dubai, Enforcement

(Al Tamimi & Company) and / /Leave a comment

In recent years, arbitration in the UAE has experienced significant growth among domestic and international users. While there is undoubtedly a positive trend in the use of arbitration as a mechanism to resolve disputes in the UAE, one of the main criticisms is the uncertainty around enforcement of both domestic and international awards, despite the…

DIFC, Dubai, Enforcement, Middle East, Recognition and enforcement of arbitral award

(Blanke Arbitration LLC)/ /1 Comment

On 15 May 2016, the UAE Ministry of Justice and the Abu Dhabi Global Market (ADGM) Courts, the courts of the newly established common law free zone carved out of the heart of Abu Dhabi (see my previous reporting here), entered into a Memorandum of Understanding concerning cooperation in legal and judicial matters with immediate…