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

Estoppel, International Court of Justice, Lotus Principle, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Non-signatory, Permanent Court of Arbitration, Permanent Court of International Justice, SCOTUS, United States, United States Courts

(Hughes Hubbard & Reed)/ /Leave a comment

On June 1, 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA. The Court held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) does not prohibit a Contracting State from applying the domestic law doctrine…

Africa, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Reciprocity, Recognition and enforcement of arbitral award, Republic of Seychelles, Switzerland

(Taylor Wessing) and (University of Konstanz, Germany)/ /Leave a comment
YIAG

On 3 February 2020, the Republic of Seychelles became the 162nd Contracting State of the New York Convention (already followed by Palau as number 163, reported here). The New York Convention thus comes into force for the Seychelles today (Article XII(2) New York Convention). The Cabinet and the National Assembly had approved the accession on…

New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Pacific Islands, Palau

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

On 31 March 2020, the Republic of Palau (“Palau”) became the 163th state to accede to the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “Convention”).1)The authors were engaged by the Asian Development Bank (“ADB”) as part of a team of experts to advise on Palau’s accession to the Convention…

National Courts, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Albright StoneBridge Group)/ /Leave a comment

Those applying treaties and interpreting them must remember two salient points: (1) as international adjudicators or as members of the judiciary they must apply a treaty not on the basis of discretionary powers and a judicial hunch but on the basis of the Vienna Convention on the Law of Treaties (VCLT) and (2) lack of…

Court Proceedings, Hague Judgements Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

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Young ICCA

The Hague Conference on Private International Law (HCCH) started the Judgements Project in 1992 which focused on two facets of cross-border litigation: international jurisdiction of courts and recognition and enforcement of their judgements abroad. The project has produced two conventions: The 2005 Choice of Courts Convention and the 2019 Convention on the Recognition and Enforcement…

ADR Clauses, Agreement in writing, Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(University of Alberta Faculty of Law)/ /Leave a comment

A 2018 decision rendered by the U.S. Court of Appeals for the 11th Circuit in Outokumpu Stainless USA, LLC, et al. v. GE Energy Power Conversion France SAS, Corp has recently put on the agenda of the U.S. Supreme Court the interpretation of the “in writing” requirement under Article II(2) of the New York Convention…

ADR, Mediation, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore Mediation Convention

(Singapore Attorney-General’s Chambers)/ /Leave a comment

International arbitration and mediation are often viewed as opponents in an antagonistic battle for the hearts, minds and wallets of disputants. The fear of arbitration losing its status as the most preferred form of alternative dispute resolution is palpable: Mediation’s key disadvantage has long been the difficulty of enforcing mediated settlement agreements. But the United…

Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(ICC)/ /1 Comment

I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…

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

(Avellum)/ /Leave a comment

Investment arbitrations with respect to Ukrainian assets in Crimea have been in the spotlight of the international arbitration community for some time now1)E.g., see here . After the Claimants in Everest Estate LLC et al. v. the Russian Federation (“Everest”) obtained the merits award in their favour in May 20182)See this post by Mykhaylo Soldatenko., the…

Abu Dhabi, Arbitral seat, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(Al Tamimi & Company )/ /Leave a comment

The Abu Dhabi Global Market (“ADGM”) is an international financial free zone and an important emerging seat of arbitration in the GCC region. The ADGM’s arbitration law is based on the UNCITRAL Model Law, with a number of significant enhancements relating to the confidentiality of proceedings, the joinder of third parties, and the waiver of the…

Arbitration Awards, Enforcement, Finality, Middle East, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Al Suwaidi & Company, Dubai)/ /Leave a comment

Introduction The United Arab Emirates (the “UAE”) is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “NYC”), which was adopted into UAE law by Federal Decree No. 43 of 2006. However, there have been instances where the lower courts of the UAE have come…

Consent, Joinder, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Sport arbitration, UNCITRAL Model Law

(Simmons & Simmons) and (Norton Rose Fulbright LLP)/ /1 Comment

Consent has long been accepted as the cornerstone of arbitration, until recently. The evolution and expansion of arbitration brought about diverging opinions on the consensual character of arbitration. For example, Stavros Brekoulakis suggested that “[w]hile … a functional concept of consent may enhance the effectiveness of arbitration clauses in complex transactions, it is very difficult…

Ad hoc arbitration, Arbitral Award, Arbitral Tribunal, Arbitration, Europe, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, Turkey, Uncategorized

, (Baysal & Demir Law Firm)/ /Leave a comment

The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement still varies. Albeit applying the same provisions, national courts continue to adopt different approaches to the enforcement of foreign arbitral awards. This is particularly true…

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

(Russian Arbitration Association)/ /2 Comments

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrated its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have joined the Convention. The USSR ratified the Convention on 22 November 1960. The Russian Federation, as a successor of the USSR, continues to be a Contracting State….

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

(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, 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…

Arbitral Award, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy

(Loyola University Chicago School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part worked as the drafters intended. The drafters knew that by permitting courts to refuse to enforce foreign arbitral awards based on public policy, they were…

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 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…