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Enforcement of Arbitration Awards

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

2018 Singapore Convention on Mediation

31/12/2020 by Aceris Law LLC

Singapore-Convention on Mediation

The United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention (on Mediation)”) came into force on 12 September 2020. It creates a harmonized framework for cost-effective and prompt enforcement of international mediated settlement agreements, aiming to render mediation more efficient and attractive to commercial parties globally, as an alternative to international arbitration […]

Filed Under: Enforcement of Arbitration Awards, Mediation

Near-Global Enforceability of Arbitration Awards: Sierra Leone Becomes the 166th State Party to the New York Convention

28/11/2020 by Aceris Law LLC

Sierra Leone International Arbitration New York Convention

Sierra Leone became the 166th State Party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the “New York Convention” (the “Convention“), by depositing its instrument of accession to the UN Secretary General on 28 October 2020. The Convention will enter into force for Sierra Leone on 26 January […]

Filed Under: Enforcement of Arbitration Awards

Insolvency and Arbitration: What Issues Arise?

04/07/2020 by Aceris Law LLC

Insolvency-and-Arbitration

The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]

Filed Under: Arbitration, Enforcement of Arbitration Awards

Enforcement of Arbitral Awards against State Assets: Sovereign Immunity in the United States

07/08/2019 by Aceris Law LLC

The main issue related to enforcement of an arbitral award against a State in the United States is the State’s sovereign immunity. Under the Foreign Sovereign Immunities Act (“FSIA”), foreign sovereigns enjoy immunity from jurisdiction, a presumptive immunity from suit in U.S. federal and state courts, and immunity from execution, whereby their property is immune […]

Filed Under: Enforcement of Arbitration Awards, Investment Arbitration, United States Arbitration

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