News & Analysis as of

Foreign Arbitral Awards

Hogan Lovells

Rising to the top – Hong Kong Court of Appeal rules that escalation clauses compliance queries are best left to arbitrators -...

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The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more

Conyers

AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16: Reconsidering an Order before it is Sealed

Conyers on

In recent years there have been a number of cases in the BVI in which the Court has been asked to reopen judgments or orders prior to their sealing. In those cases, the BVI Court has consistently found - adopting the...more

Carlton Fields

Court Confirms Foreign Arbitration Award, Notwithstanding Pending Action in Foreign Court Seeking Award’s Annulment

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Applying the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a U.S. federal district court confirmed a Lebanese arbitration award in favor of Iraq Telecom Ltd. for $3 million against Intercontinental...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

Conyers

Two Major Developments in Cross-border Arbitration Law

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We would like to update you on two significant developments in cross-border arbitration law. UK Privy Council - In the recent judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v...more

Hogan Lovells

"Finality or justice" – Hong Kong court considers challenges to arbitral awards Talking Point Asia – May 2022

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In two successive decisions, the Hong Kong Court of First Instance has refused applications for extensions of time to set aside arbitral awards, in one case suggesting that there would need to be legislation to grant the...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

K&L Gates LLP

UAE Law on the Signing of Arbitral Awards

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SUMMARY - On 21 April 2022, the Dubai Court of Cassation (Court of Cassation) issued its judgment in Case No. 109/2022, in which it confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in...more

Carlton Fields

Southern District of New York Concludes That Equitable Tolling Does Not Save Untimely Petition to Confirm Foreign Arbitration...

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The Southern District of New York has held that a petitioner did not show that it diligently pursued its rights or that extraordinary circumstances existed to equitably toll the three-year statute of limitation to confirm a...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

Hogan Lovells

Paris Arbitration Week recap: Human Rights, ESG, and Arbitration at a crossroad

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As part of Paris Arbitration Week, on 31 March 2022, Hogan Lovells hosted a hybrid in-person lunch and webinar titled “Human Rights, ESG and Arbitration at a Crossroad,” a topic which is gathering increasing relevance as...more

Akin Gump Strauss Hauer & Feld LLP

Another Award Set Aside—Excessive Jurisdiction

Parties to complex international arbitrations should take note. It is critically important to ensure that requests for relief in the written phases of the proceedings accurately capture all relief being sought. Late or...more

Hogan Lovells

Beyond the scope – Hong Kong court sets aside award that fell outside pleadings

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The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more

Hogan Lovells

Hong Kong court adjourns enforcement proceedings of Dutch arbitral award - Talking Point Asia – March 2022

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The Hong Kong Court of First Instance has adjourned enforcement proceedings of a Netherlands Arbitration Institute award pending determination by the Dutch court on the application to set aside the award, but refused to order...more

Morgan Lewis

Update: Russia Considers and Enacts Measures Against Foreign Investors

Morgan Lewis on

In response to sanctions adopted by the United States, the European Union, and other countries in relation to Russia’s operations in Ukraine, the Russian government is taking steps to adopt measures affecting foreign...more

Carlton Fields

SDNY Rules Non-Signatories to Agreement May Compel Signatory to Arbitrate Issues of Arbitrability

Carlton Fields on

Plaintiffs, the Republic of Kazakhstan and Outrider Management LLC, filed suit in New York state court claiming the defendants conspired to obtain a fraudulent international arbitral award against them of nearly $500 million....more

Fox Rothschild LLP

Tips for Enforcing that Mediated Franchise Settlement Agreement

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Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required...more

White & Case LLP

The rising sovereign risk of doing business in Western Australia: summary of the Palmer and Mineralogy decisions and their wider...

White & Case LLP on

On 13 October 2021, the High Court of Australia handed down its decisions in Palmer v The State of Western Australia1 and Mineralogy Pty Ltd & Anor v State of Western Australia2, confirming that the State of Western Australia...more

Bryan Cave Leighton Paisner

Split dispute resolution clauses: a recent example

In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

Carlton Fields

Chinese Arbitration Award Confirmed Despite US Company’s Claim of Unfair Treatment Stemming From US-China Trade War

Carlton Fields on

The Northern District of New York confirmed this month an arbitration award made in June 2018 by the China International Economic and Trade Arbitration Commission (CIETAC) in favor of two Chinese companies and against a U.S....more

Hinshaw & Culbertson - Insights for Insurers

The Continued Rise Of The New York Convention And The Fall Of The "Bellefonte Cap."

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes - On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section...more

Fox Rothschild LLP

Strategies To Collect International Arbitration Awards

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Strategies to Collect International Arbitration Awards- One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if an award it entered against...more

Hogan Lovells

The CCJA’s stance on arbitrators’ duty to disclose: the International Business Corporation case

Hogan Lovells on

The ability of parties to be involved in the selection of the arbitral tribunal from the outset is a distinguishing feature of contemporary international arbitration, and probably what parties consider to be one of the key...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Drug Tests and Foreign Arbitration

This week, the Ninth Circuit considers a challenge to the constitutionality of the FAA’s regulations governing drug and alcohol testing for air-carrier employees, and it wrestles with difficult choice-of-law questions...more

White & Case LLP

Iraq ratifies the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

White & Case LLP on

On 31 May 2021, Iraq ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Introduction - Until recently, it was challenging to enforce an international arbitral award in the...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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