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Arbitration Arbitration Awards Foreign Judgments

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Jones Day

DIFC Courts Affirm Enforceability of Foreign Interim Arbitral Awards

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In Neal v. Nadir [2024] DIFC A 001, the Dubai International Finance Centre ("DIFC") Court of Appeal held that provisional arbitration awards issued by tribunals seated outside the DIFC are enforceable within the DIFC. The...more

Paul Hastings LLP

PH Arbitration Speedread: English Court Sets Aside Multibillion-Dollar Award Procured by Fraud

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In a significant decision, on 23 October 2023 the English Commercial Court (Knowles J) set aside a US$11 billion arbitration award obtained by a BVI-incorporated company against the Federal Republic of Nigeria arising from a...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

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On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

Morgan Lewis

English and Dubai Courts Take Steps to Develop Enforcement Reciprocity

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A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts. The United Arab Emirates (UAE) and English governments have never entered into a...more

Sullivan & Worcester

Upholding the Finality of Arbitration Awards

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Whilst the Arbitration Act 1996 (the Act) may be 25 years old this year, the key aims behind the Act, including that of upholding the finality of the award, continue to be reinforced by the courts. Last week the Courts and...more

BCLP

Hong Kong court confirmed examination orders can be served on officers of corporate judgment debtors out of jurisdiction

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When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if...more

Latham & Watkins LLP

Enforcement of Foreign Judgments 2021

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Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more

A&O Shearman

COVID-19: Status of Proceedings Before French Courts—Focus on International Arbitration Matters

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In the context of the rapid spread of the novel coronavirus (“COVID-19”), French President Emmanuel Macron announced on 16 March 2020 a 15-day confinement of the population effective as of noon the following day. It is widely...more

Carlton Fields

Second Circuit Confirms Arbitration Awards That Are (Literally) Out of This World

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Arbitration over whether a South Korean company or a Bermuda company headquartered in Hong Kong owns a geostationary satellite in light of an order from a South Korean regulatory agency can be complicated. The Second Circuit...more

Latham & Watkins LLP

A New Global Regime for Cross-Border Enforcement of Civil and Commercial Judgments

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The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments. On 2 July 2019, the Hague Conference on Private...more

White & Case LLP

The New Enforcement Regime: a further step in the right direction

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The United Arab Emirates has introduced further reforms regulating the enforcement of foreign arbitral awards. In the last year, the UAE has taken a significant step towards aligning the UAE's arbitration laws with...more

Hogan Lovells

UAE Dispute Resolution Guide - February 2019

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The last decade has been transformative for the dispute resolution landscape in the UAE. The key business centres that are Dubai and Abu Dhabi have made, and continue to make, convincing moves towards their development as...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Mintz - Arbitration, Mediation, ADR...

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

Hogan Lovells

A closer look at the Judicial Tribunal and its Key Decisions of 2017

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Since this landmark decision, a number of decisions were made by the JT in 2017 and a definite jurisprudence has emerged. • the JT's decisions giving guidance as to what is a "conflict of jurisdiction";...more

Orrick, Herrington & Sutcliffe LLP

4 International Arbitration Cases To Watch In 2018

Charles Adams, the leader of Orrick’s International Arbitration & Dispute resolution team, recently spoke with Law360 regarding international arbitration cases to watch in 2018. Charles gave his thoughts on the continuation...more

Carlton Fields

Despite Heavy Criticism Of The Rationale, British Court Refuses To Enforce Arbitral Award Set Aside By Russian Court

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The British High Court of Justice recently decided not to enforce an arbitral award in a dispute over the calculation of the purchase price of a Russian metallurgical company where a Russian court set aside that award and...more

Mintz - Arbitration, Mediation, ADR...

Enforcement of an International Arbitration Award in a Non-New York Convention Country

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the...more

Hogan Lovells

The DIFC Courts - a conduit jurisdiction no more

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As we predicted in our Annual Seminar on Recent Developments in the UAE Dispute Resolution Landscape, back in November 2016, the use of the DIFC Courts as a "conduit jurisdiction" has been called into question....more

Polsinelli

Stars Align As Second Circuit Limits Orion

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The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more

Proskauer - Minding Your Business

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Dechert LLP

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

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A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Carlton Fields

Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

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On December 12, 2013, we reported on a United States District Court’s confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government, notwithstanding...more

Carlton Fields

Federal Court Remands Albanian Power Company’s Suit

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In March, a New York federal court remanded an Albanian power company’s suit seeking enforcement of an Albanian court’s judgment. In Albaniabeg Ambient Sh.p.k. v. Enel S.P.A., the federal court reasoned that, although the...more

Carlton Fields

Federal Courts Lack Jurisdiction Over Enforcement Of Foreign Judgments, Even Where Judgment Is Inconsistent With Earlier...

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Plaintiff Albaniabeg, power plant operator, sought enforcement of an Albanian judgment in a New York state court against defendant Italian power companies. Section 205 of the FAA permits removal of an action that relates to...more

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