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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

Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea

08/05/2019 by Aceris Law LLC

the Impact of Achmea

The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]

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

Intra-EU Investment Arbitration: Impact of EU Member States’ Declarations in the Wake of Achmea

06/05/2019 by Aceris Law LLC

In Achmea,[1] the Court of Justice of the European Union (CJEU) was asked to assess the compatibility of the dispute resolution clause contained in the Netherlands-Slovak Republic BIT with EU law. In March 2018, the CJEU held that the clause was incompatible based on the threat posed to the constitutional structure and autonomy of the […]

Filed Under: Bilateral Investment Treaty, Enforcement of Arbitration Awards, Investment Arbitration

UNCITRAL Drafts for a Convention on the Enforcement of Mediation Settlement Agreements and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation

18/02/2019 by Aceris Law LLC

UNCITRAL Drafts for a Convention on the Enforcement of Mediation Settlement Agreements,

The United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II approved final drafts for a Convention on the Enforcement of Mediation Settlement Agreements (hereinafter “the draft Convention”) and for a Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (hereinafter “the Mediation Model Law”). While these instruments need to […]

Filed Under: Enforcement of Arbitration Awards, New York Convention, UNCITRAL Arbitration

William Kirtley Discusses Enforcing Arbitral Awards against State Assets with Russian Newspaper

15/01/2019 by Aceris Law LLC

Enforcement Arbitral Awards Against State Assets

Arbitration lawyer William Kirtley has been interviewed by the Moscow-based newspaper Novaya Gazeta regarding the enforcement of arbitral awards against State assets. In the Russian-language article, concerning a USD 1.3 billion award to Ukraine’s Oschadbank for compensation for loss of assets in Crimea following annexation of the peninsula in 2014, William Kirtley explains that it is far […]

Filed Under: Enforcement of Arbitration Awards, ICSID Arbitration, Public International Law, William Kirtley

Resisting the Enforcement of Arbitral Awards: Article V(1)(a) of the New York Convention

06/10/2018 by Aceris Law LLC

Enforcement of Arbitral Awards

According to Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), courts of a Contracting State have the obligation to recognize and enforce an arbitral award. However, it must be borne in mind that the latter have the possibility of refusing the recognition and execution […]

Filed Under: Annulment of Arbitral Award, Enforcement of Arbitration Awards, New York Convention

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