Author: Rishav Ray* Jurisdictions: India International Topics: Arbitral Awards Enforcement of Arbitral Awards Grounds for Refusal of Enforcement INTRODUCTION As trade becomes increasingly globalized, disputes have evolved into cross-border issues...
Search Results for : "Award"
...(Vento I), where similar allegations of bias were levelled, upheld the award on the basis that the award was unanimous and there were no allegations of the other arbitrators being...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1960, which is relied upon for enforcing a foreign award. Under said Convention, a two-fold challenge...
Arbitration or Sanctions: Who Survives the Battlefield?
...any discernable award ambiguities. The Eleventh Circuit took the latter approach and affirmed the district court’s holding that the award was final, even if the award amount was not explicit.[12]...
Taking It Over the Finish Line: The Eleventh Circuit Suggests ...
...FINAL STAGE: ENFORCEABILITY OF AN ARBITRAL AWARD AND OBSTACLE OF PUBLIC POLICY Suppose a dispute affected by sanctions has completed the arbitration process, and an award has been rendered. The...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...Rockhopper Mediterranean Ltd and Rockhopper Exploration Plc v. Italy (ICSID Case No. ARB/17/14) Award (23 August 2022), para. 335. Italy applied to ICSID to annul the award. See Rockhopper Exploration...
Navigating Climate Action and ISDS Risks for South Korea
...which it considers likely to be important for the outcome of the arbitration. Res judicata and Enforcement of the Arbitral Award An arbitral award shall be res judicata from its...
Unpacking the New Greek Law on International Commercial Arbitration
...and an award enforceable in most jurisdictions. As of 2023, over 168 State parties have signed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (commonly...
A Case for Diversity in the Seat of Arbitration
...by separate legislations. The enforcement of domestic awards was governed by the Arbitration Act, 1940 while foreign awards governed by the New York Convention were enforced under the Foreign Awards...
The Indian Supreme Court’s Judgment in NAFED v. Alimenta S.A.: ...
...to comply with the award voluntarily. This means that the Yukos award can only be enforced in the state courts. Insofar as the enforcement of foreign arbitral awards is concerned,...
Prospects of Enforcing the Yukos Award in Russia – Vol. ...
...under the ICSID Convention. The tribunal found in MOL’s favor and awarded damages. When Croatia did not comply with the award, MOL petitioned to enforce the award against Croatia before...
How Achmea Works Out in the United States: The Enforcement ...
...a foreign award is not binding in India until it is declared enforceable under the ACA and that the award had not attained finality. THE NCLT’S FALLACIES An arbitral award...