New York Convention

DIFC, Dubai, Enforcement, forum non conveniens, New York Convention, UAE, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

By Order of 5 January 2014 (see Case ARB 001/2014 – (1) X1 (2) X2 v. (1) Y, Order of the Dubai Court of First Instance), H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, dismissed an application by an award debtor for an order referring a purported conflict…

Arbitral Award, DIFC, Dubai, Enforcement, Final Award, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming its status as a “host” or “intermediate” – or, in the Court’s own words, “conduit” – jurisdiction for the enforcement of domestic arbitration awards rendered…

Arab World, BIT, Middle East, New York Convention

(Covington & Burling LLP)/ /Leave a comment
ArbitralWomen

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Arbitration in the Arab World is a hot topic these days. Over the past few decades the Arab World has become a region at the forefront…

International arbitration, Mediation, New York Convention, Uncategorized, UNCITRAL

(MDisputes)/ /Leave a comment

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions. Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event…

Arbitral Award, Dubai, Enforcement, Germany, ICC Arbitration, New York Convention, Recognition and enforcement of arbitral award, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

The Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and enforcement of foreign arbitral awards (NYC) and hence keeps consolidating its pro-NYC enforcement practice. This has most recently been demonstrated by the Court’s pro-Convention approach in Case No. 434/2014…

Dubai, New York Convention

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

In the Dubai Court of Cassation Case No. 434/2014 (Al Reyami Group LLC v. BTI Befestigungstechnik GmbH & Co KG) judgment issued on 23 November 2014, the Dubai Court of Cassation confirmed the Court of Appeal’s decision and, inter alia, granted recognition of a foreign arbitral award pursuant to the provisions of the 1958 New York…

DIFC, Dispute Resolution, Dispute resolution clause, New York Convention, Recognition and enforcement of arbitral award, UAE

(Blanke Arbitration LLC)/ /Leave a comment

The DIFC Courts Practice Direction No. 2 of 2015 on the Referral of Judgment Payment Disputes to Arbitration (available online on the official website of the DIFC Courts at https://difccourts.ae/difc-courts-practice-direction-no-2-2015-referral-judgment-payment-disputes-arbitration/) was finally adopted on 16 February 2015 and is now in full force. For conceptual accuracy, the more appealing title of “Practice Direction on the…

Arbitration clause, Arbitration Clause Incorporated by Reference, New York Convention

(Linklaters)/ /Leave a comment
Linklaters

and Manuela Caccialanza, Linklaters LLP The question about whether or not an arbitration clause incorporated “by reference” must be regarded as valid and binding between the parties has been, and still is, central to an animated debate in most European jurisdictions. The New York Convention 1958 on the recognition and enforcement of foreign arbitral award…

Arbitration Agreements, International arbitration, Israel, New York Convention

(University of Alberta Faculty of Law)/ /1 Comment

The dispute in Siemens AG and Siemens Israel Ltd. v. Israeli Electric Cooperation Ltd. (3331/14, Supreme Court of Israel Judgment, 13 August 2014) arose out of a request for tenders for the purchase and maintenance of gas turbines issued by the Israeli Electric Cooperation (IEC), following which it entered into several contracts with Siemens Israel…

Annulment, New York Convention

(JAMS Arbitration, Mediation, and ADR Services)/ /2 Comments
ArbitralWomen

By Lorraine M. Brennan, Esq 1)Lorraine M. Brennan is a full-time arbitrator and mediator at JAMS, specializing in international and domestic dispute resolution. Her bio can be found at www.jamsadr.com. Based in the New York office, Ms. Brennan was the Managing Director of JAMS International for three years and worked at the ICC International Court…

Arbitral Award, Arbitral seat, Brazil, New York Convention, Recognition and enforcement of arbitral award

(King & Spalding)/ /1 Comment

On September 1, 2014, the Brazilian Superior Court of Justice (“STJ”) issued an important decision recognizing, for the first time, an unreasoned arbitral award in Newedge USA, LLC v. Manoel Fernando Garcia. Notwithstanding challenges to the recognition and enforcement on the grounds that the New York arbitral award purported violated Brazilian public policy due to…

Arbitral Award, Arbitration Act, New York Convention

(Peters & Peters Solicitors LLP)/ /Leave a comment
YIAG

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is given effect in England and Wales through sections 100 to 103 of the Arbitration Act 1996 (the “1996 Act”). As is well known, the beneficiary of an award promulgated by an arbitral tribunal in a state-party to the New…

Mediation, New York Convention, UN and Int’l Organizations, Uncategorized

(MDisputes)/ /Leave a comment

UNCITRAL’s Working Group II (Arbitration and Conciliation) will begin its 47th session today, July 7 , in New York. Among the items to be discussed is a proposal for a multilateral convention on the enforceability of international commercial settlement agreements reached through mediation. (See also this link.) The proposal, which has been put forth by…

Eastern Europe, Enforcement, Europe, New York Convention, Public Policy, Recognition and enforcement of arbitral award

(Jones Day)/ /Leave a comment
ArbitralWomen

Dr. Ileana M. Smeureanu 1)Ileana Smeureanu is an associate attorney with Jones Day (Paris). This article is based on a speech that the author gave at the ICC YAF/YAPP 6TH Joint Annual Colloquium “Young Approaches to Arbitration”, Vienna (Austria), 12 April 2014. The views expressed in this article are those of the author alone and…

Arbitration, Arbitration Awards, DIFC, Dubai, Enforcement, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In two recent rulings (see Case No. ARB 002/2013 – (1) X1, (2) X2 v. (1) Y1, (2) Y2, ruling of the DIFC Court of First Instance, undated, 2014; and Case No. ARB 003/2013 – Banyan Tree Corporate PTE LTD v. Meydan Group LLC, ruling of the DIFC Court of First Instance of 27 May…

Enforcement, New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

Few days ago, the Qatari Supreme Court decided to overturn an earlier judgment of the Doha court of appeal which upheld a decision of the court of first instance to set aside an ICC arbitral award as being in violation of the Qatari public policy. The new ruling comes in rescue of the Qatari courts’…

Enforcement, ICCA Miami 2014, New York Convention

(Shook Hardy & Bacon LLP)/ /Leave a comment

On Monday, April 8, Shook, Hardy and Bacon LLP presented a breakfast program moderated by John Barkett and featuring Frank Cruz-Alvarez, Marike Paulsson, and Sergio Pagliery discussing how to make the New York Convention your best friend. In a nutshell, the panel gave three helpful practice pointers, as discussed below. First, make sure that when…

Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations

(Bocconi University)/ /2 Comments
Arbitrator Intelligence

On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To briefly recap those previous posts, the selection of arbitrators is one of the most sensitive and critical moments in an arbitration. Arbitrators not only decide…

Brazil, Domestic Courts, kompetenz-kompetenz, New York Convention

(Lee Taube Gabardo; Editor in Chief, Brazilian Arbitration Journal)/ /Leave a comment

The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de Energia Elétrica – CGTEE v. Kreditanstalt Fur Wiederaufbau Bankengruppe, the Rio Grande do Sul Court of Appeals raised some doubts about it is applicability in Brazil. (Rio Grande…

Enforcement, ICSID Convention, Iraq, Middle East, New York Convention

(Armstrong Teasdale)/ /Leave a comment

Setting the scene Iraq currently ranks with Libya and Yemen amongst those recalcitrant Arab states that have thus far failed to ratify the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention or Convention). This state of affairs and the inadequacy of the country’s domestic and…

New York Convention, Qatar, Set aside an international arbitral award

(Qatar International Center for Conciliation and Arbitration)/ /Leave a comment

In an earlier post, it was reported that several domestic arbitral awards rendered in Qatar have been set aside by the national judges based on the necessity to be rendered in the name of His Highness The Emir of Qatar, otherwise these awards were considered in violation of public policy. Few weeks ago, a new…

Arbitrability, Competition Law, Domestic Courts, European Law, European Union, New York Convention, U.S. Supreme Court

(Colibra Insurance)/ /Leave a comment

A number of decisions of various national courts have dealt with the issue whether a competition law dispute may be referred to arbitration. Although the case law tends to favour a positive answer, it is still an issue that is being continuously brought up in litigation as an easy way out of arbitration clauses. This…

Arbitration Awards, Enforcement, ICC Arbitration, International arbitration, New York Convention, Seat of the arbitration, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in…

arbitrators’ conduct, Australia, Enforcement, Estoppel, New York Convention

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

The Full Court of the Federal Court of Australia (the Court) recently upheld a decision enforcing an arbitral award made by three London arbitrators (Gujarat NRE Coke Limited v. Coeclerici Asia (Pte) Ltd [2013] FCAFC 109). The Court dismissed the appeal confirming that the arbitrators did not deny the appellants procedural fairness and did not…