A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in…

The Full Court of the Federal Court of Australia (the Court) recently upheld a decision enforcing an arbitral award made by three London arbitrators (Gujarat NRE Coke Limited v. Coeclerici Asia (Pte) Ltd [2013] FCAFC 109). The Court dismissed the appeal confirming that the arbitrators did not deny the appellants procedural fairness and did not…

In a blog earlier this year (see my blog of 12 March 2013), I expressed concerns about a Dubai Court of First Instance ruling (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention…

By Jelita Pandjaitan and Steven Pettigrove of Linklaters, and Nicola Nygh of Allens Linklaters. On 15 July 2013, Myanmar formally acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).  The New York Convention obliges Myanmar’s Courts to give effect to contractual provisions which provide for…

By Crenguta Leaua and Stefan Dudas (Leaua & Asociatii) A new Code of Civil Procedure (CCP) including two separate sections on domestic and international arbitration entered into force in Romania on 15th of February. With this step, Romanian law continues to differentiate between domestic and international arbitration and to allow for a flexible regime for…

This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the Kluwer Arbitration Blog on various chapters of the book. I would be happy to send individual Chapters, in their revised form, to those interested in…

A recent ruling of the Dubai Court of First Instance (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) questions de novo the UAE courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the…

Those who feared that following Sir David Steel J’s ruling in Injazat Capital Limited and Injazat Technology Fund B.S.C. v. Denton Wilde Sapte & Co before the Dubai International Financial Centre (DIFC) Court of First Instance (ruling of 6 March 2012 in Claim No. CFI 019/2010, for previous reporting see here), the DIFC Courts and…

There are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting claims to international arbitration and, in this author’s opinion, appropriately so. However, these same clients may also be subject to frequent claim assertions that lack any true merit. Despite this, there is not…

On 14 October 2012, Justice David Williams of the DIFC Court of First Instance (Dubai International Financial Centre) applied a course correction by issuing a decision confirming the jurisdiction of the DIFC Courts to grant a stay in the presence of a valid arbitration agreement providing for a seat of arbitration outside the DIFC. Justice…

In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore. This case has significant implications for Singapore as a seat of arbitration, and this note contrasts the position between Singapore and Hong Kong against the…

In a recent ruling of 18 October 2012, the Dubai Court of Cassation, the highest court in the Emirate of Dubai, against whose judgments lies no further appeal, confirmed the enforcement of a trilogy of DIFC-LCIA awards – one on liability and two on costs (all forming part of the same reference) – rendered by…

A recent Australian case has resulted in a ruling that arbitration clauses, jurisdiction clauses and choice of law clauses in charter parties involving shipments to or from Australia are now unenforceable if such clauses seek to limit the jurisdiction of any Australian court. On 6 October 2009 the Claimant ship owner, Dampskibsselskabet Norden A/S (“DKN”),…

On 15 April 2012, the Central Magistrate Court revoked ICAC arbitration awards obtained by the Ukrainian Ministry of Internal Affairs and declared them unenforceable due to what the court considered to be unjust arbitration procedures under Section 5 of the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Vioans Ltd. (“Vioans”) is…

As explored in some detail in Part I of this blog post, recent UAE supervisory court case law has heralded a new era of enforcement of international awards in strict compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of…

and Sam Moss, Lalive In its recent decision dated 2 July 2012 in case 5A_754/2011, the Swiss Supreme Court ruled for the first time on the issue of whether, pursuant to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in…

International award creditors can now look with some measure of optimism to enforcing their awards against Middle Eastern stakeholders in the UAE. This is so following a recent spate of judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign…

Ana Carolina Beneti Ricardo Dalmaso Marques (a) Introduction 1. The Brazilian Superior Court of Justice (“STJ”) was called, in September 2010, to decide on a compelling matter: the possibility (or not) of recognizing and enforcing a foreign award rendered devoid of grounds and whether this decision would violate public policy if it produced effects in…

On 13 January 2011, the Belgian Supreme Court (Cour de cassation/Hof van cassatie) ruled that an arbitral award could be set aside by a Belgian judge on the basis of a contradiction in the award’s motivation. In so ruling, the Belgian Supreme Court took a view opposite to that of the French Supreme Court (Cour…

One of the oft quoted advantages of arbitration is the perceived certainty that the national courts of New York Convention states should enforce an arbitral award unless one of the limited grounds for refusal is met. However, the relationship between national courts and arbitration is far from straightforward. In particular, one notable area where there…

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that has some interesting implications for the enforcement of foreign arbitral awards in the U.S. against foreign state agencies or state-owned companies. American readers, get ready for a review of Civil Procedure 101 on personal jurisdiction! The United States…

A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India confirmed that it will add the Peoples’ Republic of China (including the Special Administrative Regions of Hong Kong and Macao) to the list of so-called…

It has become fashionable in recent years, each time an ICSID annulment decision is released that takes issue with the procedures or reasoning of an ICSID tribunal, for commentators to bemoan the lack of certainty, predictability and finality that this reflects in the ICSID system for adjudicating investment treaty disputes between investors and host States….

Following the path of the hotly debated West Tankers decision, in African Fertilizers v BD Shipsnavo, the English Commercial Court held that a declaratory award is enforceable, allowing judgment to be entered on the same terms as the arbitral award. Such an order enables a party to obtain the material benefit of the award and…