Tag Archives: Enforcement
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
In this short video in our Observations on Arbitration series, Professional Support Consultants Vanessa Naish and Hannah Ambrose talk about the myths and realities surrounding the arbitration process. The discussion draws out key points and common misconceptions about arbitration, touching … Continue reading
Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. The Court upheld its earlier decision which recognised two LCIA arbitration awards totalling US$2 billion … Continue reading
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
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
In Micula & Ors v Romania & Anor  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
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
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
Overview In Israel Sorin (IZZY) Shohat v Balram Chainrai  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
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.