Tag Archives: Enforcement

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

The DIFC’s conduit jurisdiction under attack? The Dubai Court attempts to reverse Banyan Tree

Following on from our reporting on the controversial first decision of the Judicial Tribunal in Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1 of 2016 (JT) (click here), there has been significant commentary on the … Continue reading

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Filed under Awards, Court intervention, DIFC, Enforcement, Middle East

English Court refuses to allow challenge to arbitral award to be discontinued

The English Court has recently held that a party will not be able to discontinue appeal proceedings challenging an arbitral award in circumstances where to allow it do so would: (i) circumvent the jurisdiction of the supervisory court; and/or (ii) … Continue reading

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Filed under Arbitration Act 1996, Awards, Challenges to awards, Court intervention, Enforcement

English court declines execution against state-owned property on grounds of immunity

In L R Avionics Technologies Limited v. The Federal Republic of Nigeria, Attorney General of the Federation of Nigeria [2016] EWHC 1761 (Comm), the English High Court has set aside a charging order enforcing an arbitral award and related foreign … Continue reading

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Filed under Awards, Enforcement, Public International Law, Sovereign Immunity

“Planes, paintings and Russian space assets” – Practicalities, challenges, successes and failures in the enforcement of arbitral awards against states and state entities

Wednesday 6 July 2016, 12.45 – 1.45pm BST States are increasingly involved in disputes arising from commercial transactions and arbitrations with investors under various bilateral and multilateral investment treaties.  Resolving a dispute with a state is only the first step – … Continue reading

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Filed under Awards, Enforcement, Events, News

Getma v Guinea: The saga continued

This post follows the post originally published on 19 January 2016 (here). In November 2015, the Cour Commune de Justice et d'Arbitrage (CCJA) ruled that an award in an arbitration between French company Getma International ("Getma") and the Guinean State … Continue reading

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Filed under Arbitration proceedings, Arbitrators, Awards, Enforcement

Hong Kong Court rejects allegation of fraud as basis for resisting enforcement of award: re-affirms high evidentiary threshold required to be satisfied in such cases.

Following a steady line of authority emphasising the high hurdle to be surmounted in applying for awards to be set aside on grounds of public policy, the Hong Kong Court of First Instance (CFI) has dismissed an application to set … Continue reading

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Filed under Arbitration laws, Awards, Challenges to awards, Enforcement, Hong Kong & China

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

Astro v Lippo: First Media granted leave to appeal in Hong Kong

In the latest development in the Astro v Lippo dispute, First Media (part of the Lippo Group and an unsuccessful defendant in Singapore-seated arbitration) has been granted leave to appeal the decision of the Hong Kong Court of First Instance … Continue reading

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Filed under Arbitration laws, Challenges to awards, Enforcement, Hong Kong & China

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