New York Convention

Important Second Circuit Decision on Enforcement of International Arbitration Awards

In a significant recent judgment, CBF Industria De Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017), the influential U.S. Court of Appeals for the Second Circuit (the Second Circuit) considered an arbitral award's preclusive effects and its ability to … Continue reading

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Filed under Awards, Enforcement, New York Convention, The Americas

New York Convention 1958 to enter force in Angola on 4 June 2017

Angola has become the 157th Contracting State to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. On 6 March 2017, Angola deposited its instrument of accession to the Convention with the UN Secretary General.  Under … Continue reading

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Filed under Africa, Enforcement, New York Convention

UK Supreme Court rules that no security may be ordered when challenging enforcement of arbitration awards

The UK Supreme Court has overturned a Court of Appeal decision requiring Nigerian National Petroleum Corporation ("NNPC") to provide US$ 100m in security while the case was remitted to the Commercial Court to decide on IPCO (Nigeria) Limited's ("IPCO") challenges … Continue reading

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Filed under Africa, Arbitration Act 1996, Awards, Challenges to awards, Enforcement, New York Convention

Angola becomes 157th Contracting State to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Angola has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Its ratification was endorsed domestically via resolution No. 38/2016, published in the Official Gazette of Angola on 12 August 2016. Under Article XII(2) of … Continue reading

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Filed under Africa, Enforcement, New York Convention, Uncategorized

US Court of Appeals for the Second Circuit upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat

The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana de Mantenimiento Integral, S. De R.L de C.V v. Pemex-Exploración y Producción, No. 10 Civ. 206 … Continue reading

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Filed under Enforcement, New York Convention, Panama Convention, The Americas

English Court enforces arbitral award including a contractual penalty

The English High Court has enforced a Swiss-seated arbitral award (the Award) issued by the Court of Arbitration for Sport (CAS), notwithstanding that the Award ordered a payment representing enforcement of a contractual penalty.  The decision is significant because clauses … Continue reading

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Filed under Awards, Enforcement, New York Convention

Myanmar passes highly-anticipated new arbitration law

We understand that on 5 January 2016, the Arbitration Law (Union Law No. 5/2016) was adopted by the Myanmar Union Parliament.  The legislation builds upon the country's recent accession to the New York Convention [see our earlier blog post here] … Continue reading

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Filed under Arbitration laws, New York Convention, South East Asia

U.S. District Court allows Gold Reserve to enforce its award against Venezuela in Washington, D.C.: Gold Reserve Inc., v. Bolivarian Republic of Venezuela

In September 2014, Gold Reserve won a significant arbitral award ("Award") worth more than US$760 million (and counting, because of post-award interest) against Venezuela for breach of investor-protection standards under the Canada-Venezuela bilateral investment treaty ("Treaty"). In the arbitration, Gold … Continue reading

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Filed under Awards, Challenges to awards, Enforcement, Investment Arbitration, ISDS, New York Convention, Regions, The Americas

English Court of Appeal permits enforcement of a New York Convention award on the basis of excessive delay in challenge proceedings in the courts of the seat

In its judgment in IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation (No.3) [2015] EWCA Civ 1144 & 1145, handed down on 10 November 2015, the Court of Appeal considered whether the Appellant ("IPCO") was entitled to enforce an arbitration … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Enforcement, New York Convention

The Hague Convention on Choice of Court Agreements: a reciprocal enforcement regime to rival the New York Convention 1958?

The Hague Convention of 30 June 2005 on Choice of Court Agreements (the Convention) comes into force today, 1 October 2015.  The intention of the Convention is to provide a reciprocal regime in respect of exclusive choice of court agreements … Continue reading

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Filed under Enforcement, Jurisdiction, New York Convention