The last decade was not easy for investment arbitration in general, but it faced particular difficulties within the European Union ('EU'). In recent years, the European Commission has pursued (with…
The permissive language of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) continues to tease parties challenging…
On 15 January 2021, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit Court”) handed down its decision in LLC SPC Stileks v. Republic of Moldova, No. 19-7106 (D.C…
An award set-side underlines that it has been annulled in the jurisdiction in which it has been rendered. The grounds for setting aside an award are provided by the UNCITRAL Model Law and are quite…
Discussions of corruption carry strong moral sentiments. After all, the abuse of public office for private gain erodes people’s trust in government and institutions, makes public policies less…
Introduction
In international arbitration, winning an award is not the end of the story. Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s)…
On the 24th of November, the Supreme Court of The Netherlands issued a judgment pertaining to the request for enforcement of an award annulled at the seat, Russia. The Supreme Court applied Article V…
Several recent circuit-level decisions have shown that U.S. courts are willing to review a foreign court’s annulment of an arbitration award to determine whether the annulment conflicts with U.S…
The finality of an award is a key feature and attraction of arbitration as a method of dispute resolution. When an award is annulled at the seat, however, enforcing courts in secondary jurisdictions…
