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Arbitration Arbitration Awards New York Convention

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

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Hong Kong

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

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In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

Foley & Lardner LLP

10th Circ. Highlights US Court Discretion On Arbitral Awards

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In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, a panel of judges on the U.S. Court of Appeals for the Tenth Circuitrecently held in a 2-1 decision that the U.S. District Court for the...more

A&O Shearman

The U.S. Eleventh Circuit Court of Appeals en banc overturns Industrial Risk and INPROSTA

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Last year, we wrote about precedent in the U.S. Court of Appeals for the Eleventh Circuit holding that international arbitration awards issued in the U.S. and encompassed by the New York Convention can be vacated only under...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Morgan Lewis

Turkmenistan Takes Steps to Improve Its Business Climate

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Turkmenistan, a holder of one of the world’s largest natural gas reserves, has recently taken steps to improve its business climate. In May 2022, Turkmenistan acceded to the New York Convention on the Recognition and...more

Hogan Lovells

Looking at 10 years of the Kigali International Arbitration Centre

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Thomas Kendra, a partner of Hogan Lovells’ International Arbitration team in Paris and a board member of the Kigali International Arbitration Centre (KIAC), takes stock of KIAC’s achievements a decade after its launch. This...more

Hogan Lovells

American built – Hong Kong court dismisses application to set aside leave to enforce U.S. award

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A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Courts Gain Prominence as ‘Anchor’ Forum for Enforcing International Arbitration Awards

A growing number of cases in which private parties are seeking enforcement of very large arbitration awards are percolating through the U.S. courts. These awards emanate both from tribunals seated in the United States (where...more

Dechert LLP

'Tis the Season to Mediate or Arbitrate?

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Background Mediation is a process by which parties attempt to resolve a dispute amicably with the assistance of a third party (ie the mediator) who has no authority to impose a solution on the parties.  For the process to be...more

Carlton Fields

New York Federal Court Confirms Arbitration Award Where Plaintiff Offered No Grounds to Vacate, Modify, or Correct Award

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PB Life and Annuity Co. Ltd. brought this action seeking a declaratory judgment that a breach of contract dispute with Universal Life Insurance Co. was not subject to arbitration and must be litigated in federal or state...more

Jackson Walker

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

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For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Troutman Pepper

A New Way to Enforce International Mediated Settlement Agreements

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On January 6, Singapore took the next step in effectuating an international enforcement regime for mediated settlement agreements by introducing legislation to become the first nation to ratify the Singapore Convention....more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Mintz - Arbitration, Mediation, ADR...

Can a Settlement Agreement Be Converted to an Arbitration Award That is Enforceable Under the New York Convention?

Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate; arbitration is contemplated (or perhaps even commenced); the parties settle before...more

Mintz - Arbitration, Mediation, ADR...

New Convention Aims to Make Mediated Settlements an Attractive Means of Resolution of International Disputes . . . But Will It?

The United States joined 45 other countries on August 7, 2019 as the initial signatories of the UN Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”). Other notable...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

Carlton Fields

Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article

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Affirming the confirmation of a Chinese arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Second Circuit held that notice mailed directly to an entity is sufficient to...more

Latham & Watkins LLP

Getting the Deal Through – Arbitration 2019, Hong Kong Chapter

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Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more

Latham & Watkins LLP

Service of Proceedings on a Foreign State is Mandatory

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An arbitration award cannot be enforced in England against a foreign State without serving the proceedings on that State through the diplomatic channels. In General Dynamics UK Ltd v Libya [2019] EWHC 64 (Comm), Males LJ,...more

Carlton Fields

Court Refuses To Confirm “Interim Decision” Arbitration Award Under The New York Convention

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An “Interim Decision” issued by three Rabbinical Court arbitrators based in New York was not “final” and therefore could not be confirmed in federal court pursuant to the United Nations Convention on the Recognition and...more

Carlton Fields

Texas Federal Court Enforces Arbitration Award Under the New York Convention Despite Jurisdictional Challenge

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Respondent argued against the confirmation of the arbitral award as it was based upon the consent of the parties, rather than a disputed hearing, which it contended made the award not subject to the New York Convention,...more

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