As we saw in our previous post, Switzerland affords award creditors with a clear legal framework that facilitates the recognition and enforcement of their claims in Switzerland. This legal regime varies depending on whether: Continue reading
REUTERS | Denis Balibouse
REUTERS |
The short answer is yes, although the exact process by which compliance may be enforced is a little more complicated. Continue reading
REUTERS | Ahmed Jadallah
July 11, 2019
The ADGM adopts memorandum of understanding with Ras Al Khaimah Courts on enforcement of awards
In a further strategic move to facilitate the enforcement of Abu Dhabi Global Market (ADGM)-ratified awards across the United Arab Emirates (UAE), the ADGM courts and the Ras Al Khaimah Courts Department have entered into a memorandum of understanding for the mutual recognition of judicial instruments (Memorandum of Understanding between Ras Al Khaimah Courts Department and Abu Dhabi Global Market Courts concerning the Reciprocal Enforcement of Judgments, dated 5 May 2019, the RAK-ADGM MoU). These include judgments, orders, court-certified settlement agreements and ratified awards, issued by the ADGM and Ras Al Khaimah courts. Continue reading
REUTERS | Susana Vera
July 5, 2019
Challenging procedural decisions
A procedural order can strike the killing blow in arbitration. Are there potential avenues for challenge? Continue reading
REUTERS | Anton Vaganov
July 4, 2019
Arbitrating corporate disputes in Russia: the conditions and what they mean for arbitration clauses
In September 2016, new Russian arbitration legislation came into force addressing the arbitrability of corporate disputes in relation to Russian companies. Before this, there had been a number of Russian court decisions that had cast doubt over the arbitrability of corporate disputes so the new legislation was seen as a good thing, even if some of the provisions were not entirely clear. Continue reading
REUTERS | Vasily Fedosenko
June 28, 2019
Disclosure of third party funding: a continuing duty?
Recent events suggest a gap in the “Queen Mary” principles of disclosure of third party funding. Continue reading
REUTERS | Yiannis Kourtoglou
Parties and practitioners know too well that even a favourable arbitral award is of little value until the award debtor complies with it. In cases where the award is not carried out voluntarily, the award creditor will have to take steps to recover its claim(s). Continue reading
REUTERS | Alexandre Meneghini
June 20, 2019
The courts and arbitration: the Eleni P Case, an example of “maximum support, minimum interference”
Back in 2016, Lord Thomas suggested that arbitration, and its inherent privacy, was seriously impeding the development of common law, particularly within the sphere of commercial law. In 2017, he went on to describe the courts as “complementary” to arbitration, with the courts providing “maximum support, minimum interference,” where necessary. Continue reading
REUTERS | Alexander Kuznetsov
On 30 April 2019, the Court of Justice of the EU (CJEU) issued its long-awaited Opinion 1/17 regarding the question raised by Belgium of whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the CJEU not only removes the remaining obstacle for the entering into force of the whole Comprehensive Economic and Trade Agreement (CETA), but, moreover, gives the European Commission a green light for its efforts to create a permanent multilateral investment court (MIC), which is currently being negotiated within UNCITRAL working group III. Continue reading
REUTERS | Dinuka Liyanawatte
In the context of a challenge under section 67 of the Arbitration Act 1996 (AA 1996), in Filatona Trading Ltd and another v Navigator Equities Ltd and others, the English Commercial Court considered the circumstances in which an undisclosed principal may be sued under an arbitration agreement. The English Commercial Court also heard a challenge under sections 67 and 68 of the AA 1996 on the basis that an arbitral tribunal had awarded relief from shareholder oppression that is not available in the English courts, namely, a buy-out of a foreign company’s shares pursuant to Cypriot statute (the law of the place of incorporation of the company whose shares were being purchased). Continue reading