New York Convention

Arbitration Agreements, Arbitration Proceedings, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

Those who feared that following Sir David Steel J’s ruling in Injazat Capital Limited and Injazat Technology Fund B.S.C. v. Denton Wilde Sapte & Co before the Dubai International Financial Centre (DIFC) Court of First Instance (ruling of 6 March 2012 in Claim No. CFI 019/2010, for previous reporting see here), the DIFC Courts and…

Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention

(Conway & Partners)/ /Leave a comment

There are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting claims to international arbitration and, in this author’s opinion, appropriately so. However, these same clients may also be subject to frequent claim assertions that lack any true merit. Despite this, there is not…

Arbitral seat, Arbitration, International arbitration, Middle East, New York Convention, Seat of the arbitration

(Baker & McKenzie)/ /Leave a comment

On 14 October 2012, Justice David Williams of the DIFC Court of First Instance (Dubai International Financial Centre) applied a course correction by issuing a decision confirming the jurisdiction of the DIFC Courts to grant a stay in the presence of a valid arbitration agreement providing for a seat of arbitration outside the DIFC. Justice…

Asia-Pacific, Enforcement, Hong Kong, Jurisdiction, New York Convention, Singapore International Arbitration Centre

(Norton Rose Fulbright)/ /2 Comments
YSIAC

In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This case has significant implications for Singapore as a seat of arbitration, and this note contrasts the position between Singapore and Hong Kong against the…

Domestic Courts, Enforcement, Middle East, New York Convention, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 18 October 2012, the Dubai Court of Cassation, the highest court in the Emirate of Dubai, against whose judgments lies no further appeal, confirmed the enforcement of a trilogy of DIFC-LCIA awards – one on liability and two on costs (all forming part of the same reference) – rendered by…

Enforcement of an arbitration clause, English Law, Jurisdiction, New York Convention

(Linklaters)/ /1 Comment

A recent Australian case has resulted in a ruling that arbitration clauses, jurisdiction clauses and choice of law clauses in charter parties involving shipments to or from Australia are now unenforceable if such clauses seek to limit the jurisdiction of any Australian court. On 6 October 2009 the Claimant ship owner, Dampskibsselskabet Norden A/S (“DKN”),…

Arbitration Awards, Arbitration Proceedings, Enforcement, New York Convention

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On 15 April 2012, the Central Magistrate Court revoked ICAC arbitration awards obtained by the Ukrainian Ministry of Internal Affairs and declared them unenforceable due to what the court considered to be unjust arbitration procedures under Section 5 of the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Vioans Ltd. (“Vioans”) is…

Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits

(Blanke Arbitration LLC)/ /Leave a comment

As explored in some detail in Part I of this blog post, recent UAE supervisory court case law has heralded a new era of enforcement of international awards in strict compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of…

Arbitration Awards, Enforcement, New York Convention

(Editor in Chief, ASA Bulletin; LALIVE)/ /1 Comment

and Sam Moss, Lalive In its recent decision dated 2 July 2012 in case 5A_754/2011, the Swiss Supreme Court ruled for the first time on the issue of whether, pursuant to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in…

Arbitration Awards, Enforcement, Middle East, New York Convention

(Blanke Arbitration LLC)/ /1 Comment

International award creditors can now look with some measure of optimism to enforcing their awards against Middle Eastern stakeholders in the UAE. This is so following a recent spate of judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign…

Arbitration Act, Arbitration Awards, Arbitration Institutions and Rules, Brazil, Domestic Courts, Latin America, New York Convention, Pro arbitration, Review on the merits

(Pinheiro Neto Advogados)/ /Leave a comment

Ana Carolina Beneti Ricardo Dalmaso Marques (a) Introduction 1. The Brazilian Superior Court of Justice (“STJ”) was called, in September 2010, to decide on a compelling matter: the possibility (or not) of recognizing and enforcing a foreign award rendered devoid of grounds and whether this decision would violate public policy if it produced effects in…

Annulment, Enforcement, New York Convention, Set aside an arbitral award

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On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of a contradiction in the award’s motivation. In so ruling, the Belgian Supreme Court took a view opposite to that of the French Supreme Court (Cour…

Enforcement, France, New York Convention, Russia, Seat of the arbitration, Set aside an international arbitral award

(Herbert Smith Freehills LLP)/ /7 Comments
Herbert Smith Freehills

One of the oft quoted advantages of arbitration is the perceived certainty that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds for refusal is met. However, the relationship between national courts and arbitration is far from straightforward. In particular, one notable area where there…

Enforcement, Federal Arbitration Act (FAA), Jurisdiction, New York Convention, North America

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The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that has some interesting implications for the enforcement of foreign arbitral awards in the U.S. against foreign state agencies or state-owned companies. American readers, get ready for a review of Civil Procedure 101 on personal jurisdiction! The United States…

Arbitration Institutions and Rules, Enforcement, New York Convention

(Linklaters)/ /1 Comment

A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India confirmed that it will add the Peoples’ Republic of China (including the Special Administrative Regions of Hong Kong and Macao) to the list of so-called…

Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award

(Independent Arbitrator)/ /Leave a comment

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the lack of certainty, predictability and finality that this reflects in the ICSID system for adjudicating investment treaty disputes between investors and host States….

Arbitration, Arbitration Act, Arbitration Awards, Commercial Arbitration, Domestic Courts, Eastern Europe, Enforcement, English Law, European Law, New York Convention, Pro arbitration

(White & Case LLP)/ /Leave a comment
White & Case

Following the path of the hotly debated West Tankers decision, in African Fertilizers v BD Shipsnavo, the English Commercial Court held that a declaratory award is enforceable, allowing judgment to be entered on the same terms as the arbitral award. Such an order enables a party to obtain the material benefit of the award and…

Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention

(Wayne State University)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

On December 14, the Second Circuit rendered its decision in Figueiredo Ferraz e Engenharia de Projecto Ltda. v. Republic of Peru, 2001 WL 6188497 (2d Cir. Dec. 14, 2011), which represents a significant development in the court’s jurisprudence on forum non conveniens dismissals of actions to enforce foreign arbitral awards. As explained below, the decision…

Enforcement, Middle East, New York Convention

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Freshfields Bruckhaus Deringer

The International Bar Association annual conference in Dubai in November put the spotlight on the arbitral regime in Dubai. Several “hot topics” were discussed, including the possibility that counsel representing parties in arbitrations in Dubai would be charged a hefty fee by the Dubai government and the prospect of a new United Arab Emirates (UAE)…

Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings

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

One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different jurisdictions simultaneously. To stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask…

New York Convention, Set aside an international arbitral award

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

If it isn’t pleaded, you can’t consider it. That in a nutshell appears to be the holding established recently by the Singapore High Court in Kempinski Hotels SA v PT Prima International Development [2011] SGHC 171 (“Kempinski”). That case saw the setting aside of three related international arbitration awards on the basis that the tribunal…

Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In Galsworthy Ltd of the Republic of Liberia v Glory of Wealth Shipping Pte Ltd [2010] SGHC 304 (“Galsworthy”), the Singapore High Court held that a losing party to an arbitration seeking to challenge an arbitral award had the “alternative and not cumulative options” of applying to set aside the award, or, applying to set…

Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law

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

The new Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) comes into effect today, having been approved by the Hong Kong Legislative Council at the end of last year. The Ordinance represents the culmination of many years of discussion and consultation and marks a significant milestone in the development of Hong Kong as a world-class…

International arbitration, New York Convention, North America, United States

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /3 Comments
WilmerHale

The recent decision of the New York Supreme Court, Appellate Division (an intermediate state appellate court) in Sojitz Corp. v. Prithvi Information Solutions Ltd., 2011 N.Y. Slip Op. 1741; 2011 N.Y. App. Div. LEXIS 1709, bolsters New York’s reputation as a jurisdiction friendly to international arbitration. In this case, which involved two non-U.S. parties in…