Enforcement

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Arbitrators, Enforcement, Expedited arbitration, International arbitration, Party autonomy

, (Gujarat National Law University)/ /3 Comments

The ICC Rules introduced expedited procedure with effect from March 01, 2017. With this, the ICC joined the league of other leading arbitration institutions such as SIAC, LCIA and HKIAC who had already incorporated expedited procedure. Courts across the globe have delivered uniform decisions, views in interpreting party autonomy except for a decision by the…

Enforceability, Enforcement, Recognition and enforcement of arbitral award

(Squire Patton Boggs)/ /2 Comments

“Enforcement” of arbitral awards is one of the main selling points of arbitration, with the perception being that nothing yet comes close to the New York Convention to enforce court judgments. The Hague Convention on Choice of Court Agreements will assist when adopted by more countries. For now, the mere uttering of the incantation “enforceability”…

Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

In the midst of the second edition of the Paris Arbitration Week, Jeantet hosted, on Thursday 12 April 2018, a roundtable on the topic “Arbitrating with States in CEE & CIS”. The speakers of the roundtable were: Cosmin Vasile (Zamfirescu Racoti & Partners), Yas Banifatemi (Shearman & Sterling), Davor Babić (University of Zagreb), Yasmin Mohammad…

Brazil, Commercial Arbitration, Enforcement, Latin America, Recognition and enforcement of arbitral award

( King & Spalding LLP)/ /Leave a comment

For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision, the Brazilian Superior Court of Justice (in Portuguese, “Superior Tribunal de Justiça” or “STJ”) denied recognition of two US arbitral awards. Abengoa has appealed from…

Enforcement, Pakistan, Recognition and enforcement of arbitral award

/ /4 Comments

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”), 1958 was adopted by Pakistan on 14 July 2005 through the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005. This was re-promulgated in the years 2006, 2007, 2009 and 2010 until it was finally enacted in 2011 (“2011 Act”).  …

Enforcement, Recognition and enforcement of arbitral award, Technology

(QIL + 4 ABOGADOS / Universidad Francisco Marroquín)/ /Leave a comment

 “We simply cannot go on with this utterly outmoded way of working…Endlessly re-keying in the same information; repeatedly printing and photocopying the same documents; moving files about, losing all or parts of them in the process… It is a heavy handed, duplicative, inefficient and costly way of doing our work and it is all about…

Announcement, Arab World, Arbitration, Enforcement, foreign direct investment, Iraq, New York Convention, World Bank

(Armstrong Teasdale)/ /1 Comment

  It has been on the cards for many years. But on 6 February 2018, days before the Kuwait reconstruction conference, the Iraqi cabinet officially agreed to endorse the ratification of New York Convention of 1958 and table it with Parliament. The decision finally to accede to the treaty coincides with the eradication of Da-esh…

Arbitration, Enforcement, France, Immunity, Investment Arbitration

(Three Crowns) and (Freshfields, Bruckhaus Deringer LLP)/ /Leave a comment

The views expressed herein are the personal views of the authors and do not reflect those of their law firm. In France, until recently, rules governing the issue of sovereign immunity from enforcement, and in particular those setting out the scope and conditions under which such immunities apply, derived from case law. Although relevant international…

Arbitration, Arbitration Proceedings, Enforcement, International arbitration, Nigeria

(Afe Babalola & Co.)/ /2 Comments

In a previous post, the issue of finality of arbitral awards in Nigeria was discussed and it was concluded that the review of awards is not in itself a vice to arbitration. In this post, I share further observations on the finality debacle with emphasis on the pro-finality judicial policy in Nigeria. Are our Criticisms…

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Nigeria

(Afe Babalola & Co.)/ /Leave a comment

A feature of arbitration that makes it appealing to the user is the finality of arbitral awards. Parties are encouraged, upon the advice of counsel to submit to the arbitral process because the end result is final and not subject to appeal. However, the reality as users come to find, is that an award is…

Arbitration, Arbitration Proceedings, Enforcement, Ukraine

(Addleshaw Goddard LLP) and (Jeantet)/ /Leave a comment
Jeantet

On October 3, 2017, the Ukrainian Parliament adopted the Law on Amendments to Codes of Commercial, Civil and Administrative Procedures of Ukraine, an 800-pages document aimed at solving the blatant problems of Ukrainian justice by replacing the three existing procedural codes. The Law has been promulgated on November 28, 2017 and the new Procedural Codes…

Arbitration, Arbitration Proceedings, Enforcement, Enforcement of an arbitration clause, International arbitration, Set aside an arbitral award, Set aside an international arbitral award, Turkmenistan

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The specter of communism that was once lingering over the Europe has long faded away, and the alliance, one of the biggest socialist experiments in the history of mankind, that stood to safeguard and promote its ideals has failed. In 1991 out of the remains of the Soviet Union emerged five independent Central Asian states….

Enforcement, ICC Rules, ICSID, SCC Rules, SIAC, Summary procedure

and (NALSAR University of Law)/ /Leave a comment

On 30 October 2017, the ICC Court announced yet another measure to tackle the twin problems of time and costs in arbitration, through the immediate disposition of manifestly unmeritorious claims commonly known as summary determination. The ICC Court implemented this measure in the form of an update to its Practice Note to Parties and Arbitral…

Arbitration, Arbitration Proceedings, Enforcement, Nigeria

(Afe Babalola & Co.)/ /2 Comments

Arbitration practice is on the rise in Nigeria. On the 3rd of November, 2017, the Nigeria Branch of the Chartered Institute of Arbitrators (UK) inducted 219 Associates, 58 Members and 20 Fellows into the branch. The branch also boasts a burgeoning class of Chartered Arbitrators. The expectation is that the number of inductees will continue…

Arbitration, Arbitration Proceedings, Enforcement, Human Rights, International arbitration, International Courts

, , , , (Working Group on International Arbitration of Business and Human Rights) and (University of Michigan Law School)/ /1 Comment

International arbitration is taking a giant step forward as part of the global movement to protect human rights. A drafting team, with expertise in international investment, arbitration, human rights, supply chains and other issues, is being assembled to prepare a set of rules. The project is the culmination of several years of work exploring the…

Enforcement, Enforcement of an arbitration clause, England, English courts

, , (Cleary Gottlieb Steen & Hamilton LLP)/ /1 Comment

A recent decision by the English Court shows once again the very high bar that a claimant must reach to enforce an award that had been set aside by the court at the seat of jurisdiction. The judgment handed down in Maximov v OJSC Novolipetsky Metallurgichesky Kombinat [2017] EWHC 1911 (Comm) on 27 July 2017…

Annulment, Anti-arbitration, Enforcement, Enforcement of an award that was set aside, United States

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The finality of an award is a key feature and attraction of arbitration as a method of dispute resolution. When an award is annulled at the seat, however, enforcing courts in secondary jurisdictions must decide between enforcing the award or honoring the seat-court’s nullification. This issue assumes significance in light of the recent judgment of…

Dubai, Enforcement, English Arbitration Act, State Immunity

(Blanke Arbitration LLC)/ /1 Comment

A recent ruling of the DIFC Court of First Instance (see Claim No. ARB 003/2017 – Pearl Petroleum Company Limited & Others v. The Kurdistan Regional Government of Iraq [2017] DIFC ARB 003) deals with the question as to whether a State immunity defence may be available to a State entity or a governmental defendant…

Arbitration, Arbitration Awards, Enforcement, Enforcement of an award that was set aside, UNCITRAL Arbitration Rules, United States

(Albright StoneBridge Group)/ /2 Comments

The US Court of Appeals for the 2nd Circuit’s Thai-Lao Lignite (Thailand) v. Government of the Lao People’s Democratic Republic The friction between a seat and an enforcement forum, i.e. between annulment and enforcement continues. An arbitral award in the Thai-Lao Lignite (Thailand) v. Government of the Lao People’s Democratic Republic case (“Thai Lao Lignite…

Arbitral Award, Arbitration, Enforcement, India, Recognition and enforcement of arbitral award

, (Nishith Desai)/ /Leave a comment
YSIAC

India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award. Indian judiciary is often quoted to be over interfering in matters of arbitration and enforcement. If fact could replace fiction, in the last decade, Shylock…

Arbitration, Enforcement, Interim Award, Interim measures, Interim Orders, interim relief

, (Linklaters)/ /1 Comment
Linklaters

So called “emergency arbitration” is raising considerable interest among international arbitration practitioners, as the importance of this tool aimed at protecting the parties’ rights either during the period between the filing of an arbitration request and the constitution of the arbitral tribunal or in the course of the proceedings, before the award is rendered, is…

Arbitration, Croatia, Enforcement, Interstate arbitral awards, Slovenia

(Yale Law School)/ /1 Comment

On Thursday, the arbitral tribunal in Croatia/Slovenia rendered a final award on the merits of the dispute despite what a previous post on this blog called “severe breaches of duty of confidentiality and impartiality” during the arbitral proceedings. In commercial and investment arbitration, where procedural irregularities arise, either party can seek annulment of the award…

Arbitration, Arbitration Awards, Enforcement, FOSFA, GAFTA, International arbitration, Ukraine

(AGA Partners Law Firm) and / /Leave a comment

The analysis of Ukrainian court practice enables us to share our thoughts on trends regarding the recognition and enforcement of GAFTA/FOSFA awards in Ukraine, and to provide tips that may help to enforce this type of awards in the future. Seven Trends on the Recognition and Enforcement of GAFTA/FOSFA Awards in Ukraine 1. Ukrainian courts…

Enforcement, Hague Convention on Choice of Court Agreements, New York Convention, Recognition and enforcement of arbitral award

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

We make reference to the Kluwer Arbitration Blog post of 23 September 2016 by Sapna Jhangiani and Rosehana Amin, entitled ‘The Hague Convention on Choice of Court Agreements: A Rival to the New York Convention and a ‘Game-Changer’ for International Disputes?’. That blog concluded that the Hague Convention was potentially a game changer. We respectfully…