Tag Archives: 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

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

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

Round 2 to Russia: the battle continues as the largest arbitration awards in history are set aside by the Hague District Court

In a long-awaited decision published yesterday, the Hague District Court ("Court") has set aside the US$ 50 billion awards in favour of the former majority shareholders of Yukos on the basis that the Tribunals lacked jurisdiction to hear the disputes.  … Continue reading

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Filed under Awards

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

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

New York Convention enters force in the Democratic Republic of the Congo

Today, 3 February 2015, the Democratic Republic of the Congo became a Contracting State to the New Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. In June 2013, the DRC passed legislation to facilitate its accession to … Continue reading

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Filed under Africa, Enforcement, New York Convention

Burundi becomes 150th state party to the New York Convention

Burundi, a state in East Africa, has become the 150th state party to the New York Convention 1958 (the Convention). Burundi made a “commerciality reservation” to the Convention, which means that the Convention will only apply to disputes characterized as … Continue reading

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Filed under Africa, Enforcement, New York Convention