TURKMENISTAN BECOMES PARTY TO NEW YORK CONVENTION

Turkmenistan has become the 170th state party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention), having acceded on 4 May 2022. The Convention will come into force for Turkmenistan on 2 August 2022. Turkmenistan has made a number of reservations and declarations, meaning that it will only … Read more

NO ENFORCEMENT WITHOUT NOTICE: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE AN AWARD FOR FAILURE TO GIVE PROPER NOTICE OF THE ARBITRATION

In a recent post, we considered the careful and considered approach taken by Australian courts in striking the balance between a pro-enforcement stance and critical due process safeguards when enforcing foreign arbitral awards. In Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477, the Federal Court of Australia maintained this balance by … Read more

THE CLOAK OF CONFIDENTIALITY IN ARBITRATION IS NOT EASILY REMOVED: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE A CONSENT AWARD THAT HAD BEEN SATISFIED

In the recent case of EBJ21 v EB021 [2021] FCA 1406 award creditors sought recognition and enforcement of an arbitral award that had already been paid in time and in full. The award debtors resisted the application arguing that it was an improper attempt to circumvent the agreed upon confidentiality arrangement by bringing the dispute … Read more