Enforcement

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States, USA

(Albright StoneBridge Group)/ /Leave a comment

The decision made in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum & Natural Gas (Civ. Action No. 16-140 (D.D.C. 7 June 2018)) (“Hardy case”) is yet another decision in a string of outcomes under the New York Convention proving that the repeated adagio “if it ain’t broken,…

2018 In Review, Enforcement, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, SCOTUS, technology industry, U.S. Supreme Court, United States, USA, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

As we head into the new year, it is worth reflecting on major international arbitration-related developments in the United States during 2018 and their coverage on the blog.   Early in the year, our authors homed in on the U.S. Federal Arbitration Act (FAA), which embodies U.S. arbitration law, including the New York Convention.  As…

Enforcement, Ethics, ICC, Saudi Arabia, UAE

(Galadari Advocates & Legal Consultants)/ /1 Comment

Introduction On 8 October 2018, the Ministry of Justice (the “MoJ”) of the Kingdom of Saudi Arabia (“Saudi Arabia”) announced that in the last 12 months its enforcement courts received a record-breaking 257 applications for enforcement of judgments and arbitral awards rendered outside Saudi Arabia, which were appraised at SAR 3.6 billion or “nearly one…

Enforcement, India, Public Policy

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India signed the Convention on the Recognition and Enforcement of Arbitral Awards, 1958, commonly known as the New York Convention (“the Convention”), on 10th June, 1958 and ratified it on 13th July, 1960. Often criticised as a “non-friendly” arbitration jurisdiction by the international community, this post analyses how India has fared in its obligations under…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

Consolidation, Enforcement, India

(Shardul Amarchand Mangaldas & Co.)/ /1 Comment

This blog previously carried a post (“previous post”) on the Indian Supreme Court’s (“SC”) progressive approach to binding non-signatories to an arbitration agreement in Ameet Lalchand Shah and Others v Rishabh Enterprises and Another (“Ameet Lalchand”). The present post briefly discusses another aspect of this approach in context of Cheran Properties Limited v Kasturi and…

Confidentiality, Enforcement, Interim measures, Jurisdiction, UAE, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

(Al Tamimi & Company)/ /2 Comments

Arbitration in the UAE is governed by the Federal Arbitration Law No. 6 of 2018 (“UAE Arbitration Law”). The UAE Arbitration Law, which entered into force in June 2018, repealed Articles 203 to 218 of the UAE Civil Procedures Law No. 11 of 1992 (“CPC”), which previously governed arbitration in the UAE. Unlike the former…

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…

Enforcement, Set aside an international arbitral award, Singapore Court of Appeal

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Introduction On 23 July 2018, this blog posted a commentary entitled “Choice of Remedies Doctrine – A Jack-In-The-Box?” The commentary explored the Singapore High Court’s decision in Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Private) Limited [2018] SGHC 78 (“Rakna”), and its implications.  The commentary also revisited the Singapore Court of Appeal’s decision…

Enforcement, India, Set aside an arbitral award

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The Supreme Court of India (“Court”) in a landmark decision titled “BCCI vs. Kochi Cricket Pvt. Ltd. (previously covered in a blog post) clarified the applicability of the Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) to pending arbitration and court proceedings commenced under the Arbitration and Conciliation Act, 1996 (“1996 Act”). The Court held…

Arbitration, Arbitration Awards, Arbitration Proceedings, Blockchain, Enforcement, International arbitration

(Albright StoneBridge Group)/ /Leave a comment

Sometimes, the establishment needs to step aside to let the next promising generation create a new way forward: So it commences with entrepreneurial students at the University of Miami, combining talents of engineering, technology, and international law and arbitration. It is by thinking out of the box that disruptive changes happen and they must in…

CIETAC, Enforcement, New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

, (Holland & Knight LLP)/ /Leave a comment

Allegations of fraud and forgery of a sales agreement are for an arbitral tribunal to decide and a party should not ignore a notice of arbitration. This is according to a federal judge who enforced an award against a party that claimed the agreement was forged and did not participate in the arbitral proceedings. On…

Arbitration Agreement, Arbitration Institutions and Rules, CIETAC, Delhi High Court, Enforcement, India

(Baker McKenzie FenXun)/ /Leave a comment

Background on CIETAC Split Up until May 1, 2012 CIETAC had a branch in Shanghai named CIETAC Shanghai Sub-commission (the “Old Sub-commission”). This Old Sub-commission used the same CIETAC arbitration rules but was administered by a secretariat semi-independent of that of the head office of CIETAC in Beijing. On May 1, 2012 CIETAC launched its…

Arbitral seat, Arbitration, Arbitration clause, Domestic Courts, Enforcement, Turkey

, (Çakmak Avukatlık Ortaklığı)/ /Leave a comment

In a recent decision, Turkey’s Court of Cassation refused to enforce an arbitration clause in an English language contract between a Turkish party and a foreign party based on Turkey’s national language requirement for commercial enterprises, the Code on the Mandatory Usage of the Turkish Language in Commercial Enterprises No. 805 (“Law No. 805”). The…

China, CIETAC, Courts, Enforcement, Interim measures

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The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the Vancouver Economic Commission, the inauguration ceremony was graced by the presence of the Honourable Bruce Ralston, Minister of Jobs, Trade and Technology of the Government of…

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…

Arbitration Institutions and Rules, Astana International Financial Centre, Early Determination, Enforcement, Institutional Arbitration, Kazakhstan, Overriding Objective

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

A focus on the AIFC Arbitration and Mediation Rules 2018 and improvement to enforcement of arbitral awards in Kazakhstan Introduction to the AIFC The Astana International Financial Centre (AIFC) is a financial hub in Kazakhstan that came into operation this year. The purpose of the AIFC is to establish itself as a key centre for…

Arbitration Awards, Arbitration Proceedings, Enforcement, National Courts, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Albright StoneBridge Group)/ /1 Comment

The New York Convention’s 60th Anniversary renewed the debate about its future. One must recognize that a treaty that is sixty years old and has been ratified in almost 160 countries can no longer be replaced. Even with compatibility clauses, provisions that would provide for retroactive application and the other tools that the Vienna Convention…

Arbitration, Arbitration Awards, Enforcement, New York Convention

(Albright StoneBridge Group)/ /Leave a comment

What Is the Future of the New York Convention as a Primary Means for Enforcement of Arbitral Awards Across the Globe? Is There Any Future at All?1)UNCITRAL will be having several celebrations in June. At these occasions, thought leaders will reflect on the last 60 years and give their prognoses on the next 60 years….

Enforcement, India, Set aside an arbitral award

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The Indian Parliament passed the Indian Arbitration & Conciliation (Amendment) Act, 2015 (“Amendment Act”) in a bid to refresh and reform the existing arbitration regime under the existing Arbitration Act. Ironically, the Amendment Act spiralled new waves of persistent ambiguity and uncertainty regarding the applicability of these amendments to pending as well as fresh proceedings…

Achmea, ECJ, Enforcement, Jurisdiction, New York Convention, Recognition and enforcement of arbitral award, TFEU, Treaty, Vienna Convention on the Law of Treaties

(Colibra Insurance)/ /Leave a comment

Considering what the Court of Justice of the European Union (“ECJ”) said in its Judgment of 6 March 2018, under Case C‑284/16, widely known as the “Achmea judgment” (“Achmea”), one begs the question: How this should be perceived in practice?  Because, when interpreting EU law not to be compatible with BIT-based dispute resolution, or vice…

Enforcement, Sovereign Immunities, Sovereign Immunity, State entity, State Immunity, Waiver, World Bank

(Durham Law School)/ /Leave a comment

Introduction The issues pertaining to “sovereign immunity” in international arbitration are not new. Nevertheless, several aspects remain unresolved.1)Kaj Hobér, Sovereign Immunity and International Arbitration – Recent developments, Arbitrators’ Insights, Essays in Honour of Neil Kaplan (Sweet & Maxwell, 2012), 91. Sovereign immunity from execution is said to be “the last fortress, the last bastion of State…

Achmea, Arbitration, Arbitration Awards, BIT, Enforcement, European Law, European Union, International arbitration, Intra-EU BITs, Investment Arbitration, New York Convention

(Albright StoneBridge Group)/ /Leave a comment

The world after the  Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April 2018, a representative of the EU observed the decision in the Achmea case as one that was perhaps a natural consequence of the intricacies of…

Arbitration, Arbitration Awards, Brussels Regulation, Enforcement, English courts, English Law, European Law, New York Convention

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The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 was superseded by Council Regulation (EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The latter was subsequently repealed by Regulation (EU) 1215/2012 of the…