Dubai Court of Cassation further consolidates pro-NYC enforcement practice
The Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and enforcement of foreign arbitral awards...
View ArticleThe New Slovak Arbitration Act Applicable From January 2015: Has It...
The new Slovak Arbitration Act (“SAA”) was adopted by the Parliament (Act. No. 336/2014 Coll.), and is in force as of January 1, 2015. In order to see whether the SAA will promote Slovakia as an...
View ArticleCelebrating a Vision: Queen Mary School of International Arbitration Turns 30...
As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking...
View ArticleRes Judicata Effect of Judicial Decisions on Jurisdictional Objections due to...
The facts of the situation are simple: the claimant goes to the domestic courts and the defendant argues that there is an arbitral agreement. The court judge upholds the jurisdictional objection and...
View ArticleTrack 1B: One Step Further In The Chevron Saga
The controversial dispute between the Ecuadorian government and the multinational corporation Chevron arose from the operations undertaken by Texpet –a subsidiary of Texaco at that time- on the...
View ArticleARB 003/2013: The DIFC Court of First Instance’s Sequel in Banyan v. Meydan
Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming its status as a...
View ArticleThe DIFC Courts stand firm on their status as a “host” jurisdiction for the...
By an order of late last year (ARB 002/2014 – A v. B, Order of Justice Sir David Steel of 16 December 2014), Justice Sir David Steel dismissed an application by an award debtor seeking a number of...
View ArticleEnforcement of foreign judgments v. enforcement of foreign awards: The limits...
In a recent ruling of the DIFC Court of First Instance (CFI 043/2014 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC, ruling of the DIFC Court of First Instance of 2nd...
View ArticleProcedure of Annulment of an Arbitral Award in Ecuador: An Arbitral Odyssey
The Odyssey is one of the most famous epic poems of the classic era. Attributed to Homer, it describes the journey of Odysseus from Troy to Ithaca, his homeland. It took the hero about ten years to...
View ArticleSetting Aside of Arbitral Award Due to Improper Constitution of the Tribunal
This article discusses the successful challenge of a unanimous arbitral award on the grounds that the arbitral tribunal was improperly constituted due to the bias of one of the three arbitrators. The...
View ArticleReasoned Awards in International Commercial Arbitration
S.I. StrongUniversity of Missouri School of Law For ITAMost arbitration agreements in the international realm require arbitrators to produce a “reasoned” or “fully reasoned” award. However, relatively...
View ArticleEnforcement of foreign judgments v. enforcement of foreign awards: The limits...
Gordon BlankeDWF (Middle East) LLPIn a recent ruling of the DIFC Court of Appeal (CA 007/2015 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holdings PJSC, ruling of the DIFC Court...
View ArticleECtHR: Waiver of Recourse Against International Arbitral Award Not...
Nathalie VoserSchellenberg Wittmer For Schellenberg WittmerOn 1 March 2016, the European Court of Human Rights (“ECtHR” or the “Court”) rendered a decision in the case of Tabbane v. Switzerland...
View ArticleDubai Court of Appeal rejects a DIAC award due to arbitrator’s breach of due...
Ashraf El-MoteiMotei & AssociatesMotei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the...
View ArticleAdmissibility of Cassation Recourses against Arbitral Awards in Ecuador: A...
Nicolás CostabileWilmer Cutler Pickering Hale and Dorr LLPFollowing up on a recent post by Daniela Palacios on 24 May 2016 titled “Emelec vs Canal Uno: How Many Bites Can the Apple Handle?”, this...
View ArticleA blast from the past… the ‘unified Arab investment treaty’ and finality of...
Khalil MechantafBaker & McKenzieIn one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab...
View ArticleThe Finality of Interim Arbitral Awards in Singapore – How ‘Final’ is ‘Final’?
Eugene Tan and Rupert ColdwellClyde & Co. LLP For Clyde & Co.Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption...
View ArticleThe Challenge of the Yukos Award: an Award Written by Someone Else – a...
Dmytro GalaganCentral European UniversityCo-Authored with Patricia Živković (Assistant Editor for Europe) On July 18, 2014, the arbitral tribunal (“Tribunal”) rendered final awards (“Award”) in three...
View ArticleEnforcement of an Award Set Aside: the So-Called “Preferred Approach” and its...
Patricia Živković (Associate Editor)The Main Approaches Regarding Enforcement of Annulled Foreign Awards The ongoing issue of whether an award that was set aside in the country of origin should be...
View ArticleDubai Court of Cassation further consolidates pro-NYC enforcement practice
Gordon BlankeDWF (Middle East) LLPThe Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and...
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