Tag Archives: Enforcement

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading

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Filed under Enforcement, Investment Arbitration, ISDS, Public International Law, Sovereign Immunity, The Americas

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel Micula against Romania (the "Award"), but refused to set … Continue reading

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Filed under Arbitration Act 1996, Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration, Stays

Delhi High Court allows enforcement of arbitral awards despite foreign exchange regulations

Two recent judgments from the Delhi High Court affirm the court's pro-enforcement stance on foreign arbitral awards and offer welcome guidance on the exit rights of foreign investors in Indian companies, an important subject for many companies looking to invest … Continue reading

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Filed under Asia, Challenges to awards, Enforcement, India

Hong Kong court upholds execution against PRC State Owned Enterprise, rejecting claim of crown immunity

In TNB Fuel Services SDN BHD v. China National Coal Group Corporation HKCFI 1016, the Hong Kong Court of First Instance ("HKCFI") rejected a claim of crown immunity by a PRC State Owned Enterprise ("SOE") and upheld an order for … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China

Hong Kong Court rules on staying execution of arbitral enforcement order

Overview In Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118, the Hong Kong Court of First Instance considered that enforcement of arbitral awards should be subject to the same regime as governs the stay of execution of an … Continue reading

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Filed under ADR, Asia, Enforcement, Hong Kong & China

Tribunal des Conflits clears jurisdictional divergence between French Supreme Court and Conseil d’État regarding enforcement of awards rendered in connection with certain public law contracts

In Tribunal des Conflits, 24 April 2017, C4075, the Tribunal des Conflits considered whether the administrative or ordinary courts had jurisdiction to hear an application to enforce an arbitral award made in respect of disputes arising under two public services contracts.

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Filed under Enforcement, Enforcement - Europe, Europe, Jurisdiction

Anticipated arbitration reforms in Australia

The Australian International Arbitration Act 1974 (Cth) (Act) applies to all international arbitration proceedings in Australia. The Civil Law and Justice Legislation Amendment Bill 2017 (Bill) is an omnibus bill which proposes to make certain amendments to the Act (as … Continue reading

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Filed under Arbitration laws, Australia, Confidentiality, Enforcement, UNCITRAL Model Law

Hong Kong Court confirms pro-arbitration stance

In U v A [2017] HKEC 468, the Hong Kong Court of First Instance dismissed an application to set aside an Order for enforcement of an ICC award rendered in Hong Kong. In her judgment, Mimmie Chan J reiterated that … Continue reading

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

Astro prevails again against First Media (Lippo) in Hong Kong

In the long running Astro/First Media (also known as Lippo) enforcement dispute, First Media has failed to obtain leave to appeal to the Court of Final Appeal in Hong Kong in respect of First Media's recent loss in the Court … Continue reading

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Filed under Asia, Challenges to awards, Enforcement, Hong Kong & China, Jurisdiction

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