Enforcement

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

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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)/ /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…

Arbitration Institutions and Rules, DIFC, Domestic Courts, Dubai, Enforcement, Middle East, UAE

(Blanke Arbitration LLC)/ /Leave a comment

According to a recent announcement (see the official DIAC website at https://www.dubaichamber.com/en/news/dubai-international-arbitration-centre-opens-an-office-in-difc), the Dubai International Arbitration Centre, widely known by its acronym as the “DIAC”, is set to open a branch in the Dubai International Financial Centre, in shorthand the “DIFC”. This anticipated move is no doubt a promotional exercise to address concerns that the…

Amicus Curiae, Enforcement, International Court of Justice, International Courts, Iran-United States Claims Tribunal, ITLOS, Model BIT, TPP, U.S. Supreme Court, Venezuela

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Recently the U.S. Executive Branch made headlines by agreeing with Venezuela. In particular, the Executive Branch filed an amicus curiae submission in New York federal appeals court in which it agreed with Venezuela regarding the treatment of ICSID awards in U.S. courts. According to the U.S. Executive (and Venezuela), a party seeking recognition of an…

Brazil, Consent, Enforcement, Non-signatory, Res Judicata

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law and even though it preceded Brazil’s ratification of the New York Convention by six years, the BAA is consistent with the New York Convention, at…

Dubai, Enforcement

, , (DLA Piper LLP)/ /Leave a comment

Two recent decisions handed down by the DIFC Courts have further developed the enforcement landscape within the UAE, confirming the availability of a swifter enforcement regime for foreign investors. This article explores each decision in further detail and examines the significance for businesses. The DIFC Court’s recent decisions in Bocimar v ETA and DNB Bank…

Arbitration Agreements, Arbitration Awards, Enforcement, Jurisdiction

(Three Crowns LLP) and (Le Grand Law PLLC)/ /3 Comments
Three Crowns LLP

Five years after the UK Supreme Court handed down its infamous decision in Dallah v. Pakistan, UK Supreme Court Justice Lorde Mance has shed new light on the ‘pathological’ case. To recall, the arbitral tribunal in the Dallah case faced a jurisdictional challenge which questioned whether the Government of Pakistan was a party to an…

Arbitration, Arbitration Agreements, Enforcement, Russia

(Egorov Puginsky Afanasiev & Partners)/ /1 Comment

In some legal systems, a shareholder of a company may act for the company in certain circumstances. When a shareholder is permitted to do so, questions may arise whether the shareholder may invoke (and is bound by) an arbitration clause in the contract. The arbitrability of derivative shareholders’ actions is largely unclear in comparative legal…

Ad hoc arbitration, Arbitrability, Arbitration, Arbitration Proceedings, Corporate disputes, Enforcement, Russia

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

For the last several years, Russia has undergone arbitration reform initiated by the President in or around 2013. The reform is aimed at increasing the credibility of this dispute resolution mechanism in Russia and updating the framework regulating domestic and international arbitration by addressing many long known gaps. The latest development occurred on 29 December…

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Enforcement, Georgia, kompetenz-kompetenz, Set aside an arbitral award

(Hogan Lovells)/ /1 Comment

In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”). Shortly thereafter, Mr. Michael Wietzorek commented on the implementation of the new law on the Kluwer Arbitration Blog (here) and qualified this as a “significant…