Enforcement – Europe

Enforcement of foreign award involving public procurement contract falls within jurisdiction of the ordinary courts (France Supreme Court)

 In Cass. Civ. 1re, 8 juillet 2015, n° 13-25.846, the Cour de cassation (French Supreme Court) considered an appeal against a Paris Court of Appeal judgment. The appeal concerned whether the enforcement of a foreign arbitral award, which involved a … Continue reading

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Filed under Enforcement, Enforcement - Europe, Europe

Appeal against order granting enforcement only permitted under limited grounds relating to arbitral award (French Supreme Court)

In a judgment dated 7 October 2015, the Cour de cassation (French Supreme Court) has rejected an appeal against an order granting exequatur (enforcement) of a foreign arbitral award. The appellant had argued that such an order may be subject … Continue reading

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Filed under Awards, Enforcement, Enforcement - Europe, Europe

English court adjourns enforcement of ECT award whilst annulment proceedings are pending in Sweden

The potential to enforce an award which is being challenged, or has been annulled, in the courts of the seat is a question which often interests users of arbitration, whether derived from a commercial agreement or from a treaty. In … Continue reading

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Filed under Arbitration Act 1996, Awards, Enforcement - Europe, Europe, Investment Arbitration

Paris Court of Appeal enforces award under ICSID Additional Facility Rules between Gold Reserve and Venezuela

Abstract: In République Bolivarienne du Venezuela c/ Société Gold Reserve INC, Cour d’appel de Paris, Pôle 1 – Chambre 1, RG N° 14/21103, a judge sitting in the Paris Court of Appeal considered opposing applications regarding an award issued under … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Enforcement - Europe, Europe, Investment Arbitration

Paris Court of Appeal considers scope of arbitrator’s obligation to disclose any potential conflicts of interest

 The Paris Court of Appeal has overturned a judgment granting exequatur (order for enforcement) of an arbitral award as a result of the sole arbitrator’s failure to disclose a potential conflict of interest. At the time of his appointment in … Continue reading

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Filed under Arbitrators, Enforcement, Enforcement - Europe, Europe, Uncategorized

Upcoming webinar: The recast Brussels Regulation: what it means for commercial parties

Wednesday 19 November, at 12.45 – 1.45pm GMT The EU rules governing has jurisdiction and enforcement of judgments will change significantly from 10 January 2015, when the recast Brussels Regulation (No 1215/2012) will apply in place of the current regime. … Continue reading

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Filed under Enforcement - Europe, EU Law, Europe

Thwarting attempts to avoid execution: English Court orders appointment of receivers over foreign assets to assist enforcement of a London award

In a judgment handed down on 2 October 2014 in Cruz City 1 Mauritius Holdings v Unitech Limited & Ors, the English High Court made an order under s37 of the Senior Courts Act 1981 for the appointment of receivers … Continue reading

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Filed under Awards, Enforcement - Europe, Europe

“A Delicate Matter”: English Court considers enforcement of awards set aside by the courts of the seat and ability to claim post-award interest in those circumstances

In the case of Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) the English Court considered two preliminary issues relating to the long-running dispute between Yukos Capital SARL (“Yukos Capital”) and OJSC Rosneft Oil Co. (“Rosneft”). … Continue reading

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Filed under Enforcement, Enforcement - Europe, Europe, New York Convention

English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge

In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on behalf of U&M Mining Zambia Ltd (U&M) for security for costs and a payment into court, under … Continue reading

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Filed under Challenges to awards, Enforcement, Enforcement - Europe, Europe

Commercial Court refuses enforcement of arbitral award due to issue estoppel

In Diag Human Se v Czech Republic, the English Commercial Court refused enforcement of a New York Convention Award (the Award) of over 8.3 billion Czech Crowns (approximately GBP245 million) against the Czech Republic, overturning an earlier 2011 English court … Continue reading

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Filed under Awards, Challenges to awards, Enforcement, Enforcement - Europe, Europe, New York Convention