News & Analysis as of

New York Convention Arbitration Awards

UK Supreme Court Confirms English Courts Lack Jurisdiction Under The Arbitration Act 1996 To Compel Parties To Provide Security...

by Carlton Fields on

As a condition to challenging enforcement or recognition of an arbitration award, the UK Supreme Court overturned a Court of Appeal decision which imposed a $100 Million security obligation on a New York Convention arbitral...more

A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)

In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States...more

Case of Insecurity? Supreme Court Explains the Limits to Orders for Security when Resisting Enforcement of a Foreign Award Under...

by Latham & Watkins LLP on

On 1 March 2017 the Supreme Court overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

UK Supreme Court Clarifies English Curial Powers to Impose Security Payments in Enforcement of New York Convention Arbitral Awards

by McDermott Will & Emery on

A recent UK Supreme Court judgment will likely impact on the interplay between the New York Convention and national law - In IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp [2017] UKSC 16, the UK Supreme Court...more

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

by King & Spalding on

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the...more

Stars Align As Second Circuit Limits Orion

by Polsinelli on

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

SDNY Confirms Arbitration Award Under FAA And The New York Convention Despite Award Being Silent On Tax Liability

by Carlton Fields on

An arbitration award required respondent to pay a series of royalty payments, audit costs and interest, but did not address either party’s tax obligations. Respondent made several payments to petitioner, but withheld 20% from...more

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

by Dechert LLP on

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

Hong Kong - The Gold Standard of International Arbitration in Asia

by Dorsey & Whitney LLP on

According to the 2015 International Arbitration Survey conducted by Queen Mary University of London, Hong Kong is the third most preferred seat of international commercial arbitration in the world, behind only Paris and...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

by Latham & Watkins LLP on

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

Arbitration Article Series IV. Enforcing Arbitration Awards

by Hassan Elhais on

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Focus on Middle East Arbitration: Arbitral Awards

by Dentons on

Recent court decisions highlight a few of the challenges parties may face in relation to the enforcement of arbitral awards in the onshore UAE courts. A summary of those decisions is set out in this article. ...more

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

by Carlton Fields on

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

Court Upholds Annulment Of Foreign Arbitration Award Based On Foreign Court’s Finding That Tribunal Violated Rule On Fees

by Carlton Fields on

A U.S. District Court refused to confirm the award that had been entered by an arbitration tribunal in favor of Getma International against the Republic of Guinea. The award had been annulled by the Common Court of Justice...more

Why Brexit Does Not Impact London’s Standing as a Leading Arbitral Seat

by Latham & Watkins LLP on

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The reasons for this deserved reputation have never depended on membership of the EU. The most important features...more

The Supreme Court - March 2016 #5

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 29, 2016: Friedrichs v. California Teachers Assn., No. 14-915: Petitioner Rebecca Friedrichs and other public school teachers in California...more

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144

by Bryan Cave on

The latest judgment in this long-running and complicated saga was handed down by the Court of Appeal on 10 November 2015. In 2004, a Nigerian-seated arbitral tribunal awarded IPCO approximately US$152 million....more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

An Introductory Guide to Arbitration in Asia

by Morgan Lewis on

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

No Distinction to be Made Between Foreign Commercial and Administrative Law Awards for Exequatur in France

by DLA Piper on

France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more

US: Courts' Deference to an Arbitration Award is not Without Limits

by DLA Piper on

As a matter of public policy, United States courts strongly favor alternative dispute resolution and show great deference to awards made by arbitration tribunals. However, a recent ruling by the US District Court for the...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

by Reed Smith on

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

Court Confirms Power to Partially Enforce a Foreign Arbitration Award

by DLA Piper on

The recent decision of the New South Wales Court of Appeal in Aircraft Support Industries Pty Ltd v William Hare UAE LLC [2015] NSWCA 229 ('Aircraft Support Industries') confirms that Australian courts have power to partially...more

What About the Common Law? Developments in South Africa's Law of International Arbitration

by DLA Piper on

South Africa is a signatory to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention). Consequently, the South African courts are obliged to give effect to the...more

Chinese Arbitration Award Affirmed In Mineral Company Dispute

by Carlton Fields on

The court ruled that ACC Resources is bound by an arbitral award issued by the China International Economic & Trade Arbitration Commission (“CIETAC”). The award required the mineral company to pay its supplier, Calbex Mineral...more

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