News & Analysis as of

Enforcement Arbitration Awards

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

BCLP on

In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

JAMS

10 Reasons Why Companies Prefer to Resolve International Commercial Disputes by International Arbitration

JAMS on

Because we live in an imperfect world, disputes regarding the performance of contractual and legal obligations will occur. The growth in the volume of international transactions will lead to a corresponding increase in the...more

McDermott Will & Emery

Badgerow Enforced: District Court Lacks Independent Jurisdiction to Enforce Arbitration Award

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit reversed and remanded a district court’s arbitration award because the district court lacked proper subject matter jurisdiction, independent from the Federal Arbitration Act...more

Conyers

Tracing Wealth in the BVI in Aid of Arbitration: Unravelling the Breach of Fiduciary Duties

Conyers on

The gravity of any arbitration award lies in its successful enforcement. The enforcement process may be frustrated and produce little result if the winning party does not identify at the outset the assets against which the...more

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

White & Case LLP on

On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

Walkers

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

Walkers on

As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

Snell & Wilmer

RICO Statute May Be Used To Enforce Arbitration Awards by Foreign Nationals Says U.S. Supreme Court

Snell & Wilmer on

On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more

Foley & Lardner LLP

10th Circ. Highlights US Court Discretion On Arbitral Awards

Foley & Lardner LLP on

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

White & Case LLP

BRI-Related Disputes: Broader Access to Interim Relief and Enforcement in Mainland China

White & Case LLP on

In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China...more

Foley & Lardner LLP

Enforcement of Annulled Foreign Arbitral Awards in the U.S.

Foley & Lardner LLP on

In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, 58 F.4th 429 (10th Cir. 2023) (“CIMSA v. GCC”), a panel of judges on the Tenth Circuit held in a 2-1 decision that the U.S. District Court...more

Conyers

The Enforcement of International Arbitral Awards in the Cayman Islands

Conyers on

This article discusses the rules applicable to the enforcement of international arbitral awards in the Cayman Islands pursuant to the Arbitration Law 2012 and related legislation with particular reference to Asia-seated...more

Bracewell LLP

FINRA Facts and Trends: June 2022

Bracewell LLP on

Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. FINRA’s...more

White & Case LLP

Recent Arbitration Reforms in Nigeria

White & Case LLP on

Nigeria's recently passed Arbitration and Mediation Bill seeks to bring the country's arbitral practices in line with global standards, reaffirming Nigeria's position as one of the leading centres for commercial arbitration...more

Felicello Law PC

Beware Defaulting Parties in Arbitration Proceedings

Felicello Law PC on

If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more

King & Spalding

Badgerow v. Walters: Supreme Court Narrows Federal Court Jurisdiction Over Arbitration Awards

King & Spalding on

On March 31, the Supreme Court issued its opinion in Badgerow v. Walters, significantly narrowing federal courts’ jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act....more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

Felicello Law PC on

New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

K&L Gates LLP

Arbitration World - November 2021

K&L Gates LLP on

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more

BCLP

The Song Remains the Same - FINRA’s Riff on High-Risk Brokers and Firms

BCLP on

Key Takeaways: ..On September 28, 2021, FINRA released Regulatory Notice 21-34 which introduces additional new rules aimed at addressing high risk or “recidivist” brokers and the member firms that hire them.  ..Under...more

BCLP

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

BCLP on

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

Carlton Fields

Court Enforces ICSIC Award

Carlton Fields on

The International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) is a treaty aimed at encouraging and facilitating private foreign investments in developing countries,...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Latham & Watkins LLP

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

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

Bryan Cave Leighton Paisner

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

K&L Gates LLP

Parties may not contractually waive judicial review of arbitral awards

K&L Gates LLP on

Introduction - In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide