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Enforcement of Arbitration Awards

Compliance with ICSID Awards

17/11/2024 by Aceris Law LLC

Voluntary Compliance ICSID Arbitration

Established under the ICSID Convention, ICSID operates independently of local legal systems, providing an autonomous legal framework for dispute resolution. Compliance with ICSID Awards refers to the obligation of parties to adhere to and satisfy the terms of an ICSID award, typically through payment of monetary damages, specific performance, or other remedies ordered by the […]

Filed Under: Enforcement of Arbitration Awards, ICSID Arbitration

Recognition, Enforcement and Execution in International Arbitration

08/07/2024 by Aceris Law LLC

Recognition enforcement execution arbitration award

Recognition, enforcement and execution in international arbitration are important legal concepts to master as they determine the post-arbitral consequences of an arbitration award once it has been rendered. However, their distinction is often difficult and depends on the legal system in which they are sought. We will review their differences in the following sub-sections. Recognition […]

Filed Under: Enforcement of Arbitration Awards, International Arbitration Law

Asset Tracing in International Arbitration

23/03/2024 by Aceris Law LLC

Asset Tracing International Arbitration

There is little point in commencing international arbitration proceedings if recovery on the resulting award will be impossible. Hiring an asset tracing firm may help reduce the risk of arbitration proceedings being in vain. Asset tracing involves a thorough examination of financial records, transactions, and other relevant documentation concerning a counterpart. This process may require […]

Filed Under: Enforcement of Arbitration Awards

Enforcement of Investment Arbitration Awards

15/10/2023 by Aceris Law LLC

Enforcement Investment Arbitration Awards

International investment arbitration has emerged as a vital component of international business law, offering a specialised mechanism for resolving disputes between foreign investors and host States of investment. The enforcement of investment arbitration awards is one of the most critical aspects of the dispute resolution process. Unless the decisions reached were legally binding and effectively […]

Filed Under: Enforcement of Arbitration Awards, Investment Arbitration

Wrongful Refusal to Enforce Arbitral Award: BTS Holding v. Slovakia

12/07/2022 by Aceris Law LLC

Refusal to Enforce Arbitration Award

In its judgement rendered on 30 June 2022 in the BTS Holding v. Slovakia case, the European Court of Human Rights (the “ECHR”) held that Slovakia violated BTS Holding’s (“BTS”) right to property when its courts arbitrarily refused to enforce an arbitral award against the Slovak National Property Fund (the “NPF”). The ECHR reached this […]

Filed Under: Enforcement of Arbitration Awards, Slovakia Arbitration

Enforcement of a Foreign ICC Arbitration Award in France Despite Set-Aside Judgements in West Africa

05/02/2022 by Aceris Law LLC

On 11 January 2022, the Paris Court of Appeal agreed to enforce a contract-based ICC arbitration award, despite the final award being previously set aside by the domestic courts of the seat of arbitration, and the underlying contract also being annulled by a foreign court. While this result may be surprising in many jurisdictions, the […]

Filed Under: Enforcement of Arbitration Awards, France Arbitration

Limitation Periods for Enforcement of Foreign Arbitration Awards

09/10/2021 by Aceris Law LLC

Limitation Periods for Enforcement of Foreign Awards (1)

One of the primary advantages of international arbitration as compared to litigation is the enforceability of arbitration awards internationally. However, the period in which international arbitration awards must be enforced internationally varies drastically depending on the place of enforcement. In the table below (Section IV), we provide a quick reference guide, summarizing the limitation periods […]

Filed Under: Enforcement of Arbitration Awards, International Arbitration

Security for Claims in International Arbitration – Preble-Rish Haiti v. BMPAD

28/08/2021 by Aceris Law LLC

Security for payment international arbitration

In international arbitration, security for claims, also called security for payment,[1] belongs to a category of interim or provisional measures that can be sought prior to the issuance of the final award. If granted by the arbitral tribunal, it consists in “a kind of advance payment designated to guarantee the payment and/or enforcement of the […]

Filed Under: Ad Hoc Arbitration, Enforcement of Arbitration Awards, Security, United States Arbitration

Electronic Arbitration Agreements: Admissibility and Enforceability

18/08/2021 by Aceris Law LLC

Electronic signature of arbitration agreement

The volume of cross-border commercial transactions conducted electronically is growing inexorably from year to year. Companies around the world are also increasingly using new electronic contracting tools. Many legal questions have arisen against the background of this paperless process concerning the enforceability of electronically-signed documents. The same issue arises in relation to the arbitration agreement. […]

Filed Under: Arbitration Clause, Enforcement of Arbitration Awards

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