News & Analysis as of

Foreign Arbitral Awards

Morrison & Foerster LLP

China’s 2025 Arbitration Law Comes into Effect: Practical Implications for International Companies

China’s amended Arbitration Law (the “2025 Law”) came into force on March 1, 2026. It represents the most significant reform to China’s arbitration framework in three decades. The reforms do not fundamentally redesign the PRC...more

Secretariat

中国判决与仲裁裁决 的域外执行

Secretariat on

随着香港法律的发展,以及美国、英国、加拿大、澳大利亚 等主要普通法系国家(“主要司法管辖区”)近期出现的 有利司法判例,企业与个人在海外寻求中国法院判决与仲裁 裁决执行正获得日益有力的法律支撑。这一发展趋势为跨境 权利主张提供了新的实践路径与信心依据。...more

Secretariat

Expanding Opportunities for Overseas Enforcement of PRC Judgments and Awards

Secretariat on

There are good reasons for corporates and individuals to be emboldened to pursue overseas enforcement of the People’s Republic of China (PRC) judgments and arbitral awards....more

Paul Hastings LLP

Amended Law Expands Arbitration Options for Businesses Operating in China

Paul Hastings LLP on

China’s amendments to the Arbitration Law, effective 1 March 2026, introduce significant reforms designed to modernise its arbitration framework, align with international best practice and increase China’s appeal as a seat...more

IR Global

Enforcing Foreign Arbitral Awards in the U.S.: Recent Developments and Implications for Creditors

IR Global on

The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations for creditors...more

Hughes Hubbard & Reed LLP

DC Circuit Rejects India’s Sovereign Immunity Defense in Enforcement of $174 Million Arbitration

The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche...more

Hogan Lovells

No pre-emptive strikes: English Court of Appeal confirms that the New York Convention is a shield not a sword

Hogan Lovells on

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (Convention) requires contracting states to treat arbitral awards issued in other states as binding and recognise and enforce them...more

A&O Shearman

Issue Estoppel Stopped: English High Court Blocks Reliance on Foreign Arbitral Award

A&O Shearman on

The English High Court has rejected an attempt to rely on a foreign arbitral award to ground an issue estoppel because it had not been recognised under the Arbitration Act 1996 (AA). The judgment further explains that an...more

Mayer Brown

UAE Authority Issues Landmark Decision on Signature of Arbitral Awards

Mayer Brown on

On 4 August 2025, the Federal Local Principles Unification Authority (the "Authority") issued a landmark decision on the signature of arbitral awards in the United Arab Emirates ("UAE"). The decision settles a longstanding...more

Harris Beach Murtha

Second Circuit Limits Jurisdiction to Review Challenges to Arbitration Awards

Harris Beach Murtha on

The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more

Husch Blackwell LLP

Fourth Circuit Clarifies Standards for Enforcing Foreign Arbitral Awards

Husch Blackwell LLP on

In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more

Rivkin Radler LLP

June 2025 Insurance Update

Rivkin Radler LLP on

We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

BCLP

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

BCLP on

In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

A&O Shearman on

Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

Akerman LLP

Ecuador Ruling Marks Significant Step for Arbitral Certainty

Akerman LLP on

On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW...more

Awatif Mohammad Shoqi Advocates & Legal...

Recent Dubai Court of Cassation Decisions on Enforceability of Arbitration Agreements

Introduction: In the realm of international commerce and dispute resolution, arbitration has become an increasingly preferred method for resolving disputes. Its efficiency, impartiality, and enforceability across borders make...more

Carlton Fields

Second Circuit Affirms District Court Order Confirming Chinese Arbitration Award

Carlton Fields on

In Huzhou Chuangtai Rongyuan Investment Management Partnership v. Qin, the Second Circuit Court of Appeals affirmed a district court order granting summary judgment confirming a Chinese arbitration award totaling...more

Jenner & Block

Client Alert: Fifth Circuit Highlights the Jurisdictional Challenges of Enforcing a Foreign Arbitral Award Against a Non-Resident...

Jenner & Block on

In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the...more

Walkers

Courting Clarity: Grand Court confirms jurisdiction to determine winding up petitions notwithstanding requirement to refer...

Walkers on

On 20 November 2023, the Grand Court of the Cayman Islands (the "Grand Court") issued its ruling on a preliminary issue in In the matter of Re BPGIC Holdings Limited; namely whether a winding up petition should be stayed or...more

Morrison & Foerster LLP

The Federal Republic of Nigeria v P&ID – Renewed scrutiny of IA

Morrison & Foerster LLP on

On 23 October 2023, the English Commercial Court published its much-anticipated judgment in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The Court found in favour of the...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

White & Case LLP on

There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

Foley & Lardner LLP

S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the...

Foley & Lardner LLP on

Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance...more

Jenner & Block

US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

Jenner & Block on

The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees...more

Morris James LLP

The Supreme Court Finds Foreign Award Creditor Can Bring Claims under RICO to Enforce Award

Morris James LLP on

On June 22, 2023, the Supreme Court issued a 6–3 opinion in Yegiazaryan v. Smagin, holding that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) related to the...more

111 Results
 / 
View per page
Page: of 5

"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