Enforcement – Europe

Paris court rejects application for review and withdrawal of arbitral enforcement order, despite allegations of fraud

The Paris Court of First Instance has rejected an application for the review and withdrawal of an enforcement order of an arbitral award, despite allegations of fraud and collusion between the arbitrator and the claimant. It also refused to the … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Enforcement - Europe, Europe

Enforcement and dispute resolution under the Withdrawal Agreement and any future relationship agreement: no role for the CJEU….or is there?

On its face, the thrust of the UK Government’s Future Partnership Paper on Enforcement and Dispute Resolution (the Paper), published on 23 August, is to rule out the jurisdiction of the Court of Justice of the European Union (CJEU) to … Continue reading

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Filed under Brexit, Enforcement, Enforcement - Europe, EU, EU Law, Europe, ISDS, News, Trade Agreements

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

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

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

Appeal against order granting enforcement only permitted under limited grounds relating to arbitral award (French Supreme Court)

In a judgment dated 7 October 2015, the Cour de cassation (French Supreme Court) has rejected an appeal against an order granting exequatur (enforcement) of a foreign arbitral award. The appellant had argued that such an order may be subject … Continue reading

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Filed under Awards, Enforcement, Enforcement - Europe, Europe

English court adjourns enforcement of ECT award whilst annulment proceedings are pending in Sweden

The potential to enforce an award which is being challenged, or has been annulled, in the courts of the seat is a question which often interests users of arbitration, whether derived from a commercial agreement or from a treaty. In … Continue reading

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Filed under Arbitration Act 1996, Awards, Enforcement - Europe, Europe, Investment Arbitration

Paris Court of Appeal enforces award under ICSID Additional Facility Rules between Gold Reserve and Venezuela

Abstract: In République Bolivarienne du Venezuela c/ Société Gold Reserve INC, Cour d’appel de Paris, Pôle 1 – Chambre 1, RG N° 14/21103, a judge sitting in the Paris Court of Appeal considered opposing applications regarding an award issued under … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Enforcement - Europe, Europe, Investment Arbitration

Paris Court of Appeal considers scope of arbitrator’s obligation to disclose any potential conflicts of interest

 The Paris Court of Appeal has overturned a judgment granting exequatur (order for enforcement) of an arbitral award as a result of the sole arbitrator’s failure to disclose a potential conflict of interest. At the time of his appointment in … Continue reading

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Filed under Arbitrators, Enforcement, Enforcement - Europe, Europe, Uncategorized

Upcoming webinar: The recast Brussels Regulation: what it means for commercial parties

Wednesday 19 November, at 12.45 – 1.45pm GMT The EU rules governing has jurisdiction and enforcement of judgments will change significantly from 10 January 2015, when the recast Brussels Regulation (No 1215/2012) will apply in place of the current regime. … Continue reading

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Filed under Enforcement - Europe, EU Law, Europe