Recognition and enforcement of arbitral award

Brazil, Investment agreements, Investment Arbitration, Investment protection, ISDS, Recognition and enforcement of arbitral award

(University of California, Berkeley)/ /Leave a comment

On May 26, 2015, Brazil signed its third investment treaty of 2015 with Mexico. Given the agreements previously signed with Angola and Mozambique, this certainly comes as a confirmation of a new Brazilian attitude towards the regulation of foreign investment. The instrument mostly follows the same model used for the previous two: a Cooperation and…

Burden of proof, Enforcement, Recognition and enforcement of arbitral award

(Sysouev, Bondar, Khrapoutski LLC)/ /2 Comments

Co-Authored with Karyna Loban (Sysouev, Bondar, Khrapoutski) On 23 December 2014, the Plenum of the Supreme Court of the Republic of Belarus adopted Resolution No 18 “On the Application of Legislation on the Recognition and Enforcement of Foreign Judgments and Foreign Arbitral Awards” (“Resolution No 18”). By adopting Resolution No 18, the Resolution No 10…

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…

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…

Brazil, Enforcement, Recognition and enforcement of arbitral award

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

In article 35 of the Brazilian Arbitration Law (“BAA”) it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory) must be recognized by the judiciary. This judicial recognition rests with the Superior Tribunal of Justice (Superior Tribunal de Justiça – “STJ”), which retains exclusive…

France, Recognition and enforcement of arbitral award, Seat of the arbitration, United States

(Sydney Law School)/ /9 Comments

The enforcement of awards following a decision at the seat remains a controversial issue in international arbitration. Should an enforcement court follow the decision of the seat court, or can the enforcement court reach a different conclusion? US courts and French courts continue to take different approaches to this issue. US courts will defer to…

Appeal, Arbitration, Arbitration Awards, Awards, DIFC, Dubai, Enforcement, Middle East, Public Policy, Recognition and enforcement of arbitral award, Review on the merits, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

In a recent ruling of the DIFC Court of Appeal (see Case CA-005-2-14, ruling of the DIFC Court of Appeal of 3rd November 2014), Justice Sir David Steel affirmed the previous ruling of the DIFC Court of First Instance in Banyan Tree v. Meydan Group LLC (see Case No. ARB 003/2013 – Banyan Tree Corporate…

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…

German Federal Supreme Court, Germany, Ordre Public, Public Policy, Recognition and enforcement of arbitral award, Set aside an arbitral award

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

In an order dated 28 January 2014 (file number III ZB 40/13), the German Federal Supreme Court (Bundesgerichtshof, the “Court”) clarified that an arbitral award can only be set aside in recognition or enforcement proceedings by a state court in “extremely exceptional cases”, i.e. if an award breaches the fundamental principles of the German legal…

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…

DIFC, Dubai, Enforcement, Recognition and enforcement of arbitral award

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

In two recent decisions, Banyan Tree v. Meydan Group LLC (Case No. ARB 003-2013) and X1 and X2 v. Y1 and Y2 (Case No. ARB 002-2013), the DIFC Court of First Instance (H.E. Justice Omar Al Muhairi and Sir John Chadwick respectively) confirmed its jurisdiction to recognise and enforce within the DIFC arbitral awards rendered…

Arbitration, Enforcement, Recognition and enforcement of arbitral award, Ukraine

(CAI & Lenard )/ /1 Comment

Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an application submitted by any person other than a…