Enforcement

411 articles available

One of the reasons that parties opt in for arbitration instead of litigation as a mechanism to settle their disputes is that the recognition and enforcement of an arbitral award is easier to…

Securing a favourable arbitral award is not trivial. It involves a lot of work, a wait of, potentially, several years and the expense of the arbitral process. After all this, when a favourable award…

In June 2018, an International Centre for Settlement of Investment Disputes (ICSID) tribunal issued an award against Spain under the Energy Charter Treaty. The successful claimants then commenced…

A recent decision of the Hanoi People’s Court, Decision No. 12/2023/QD-PPT dated 4 July 2023 (“Decision 12”), held that a power-of-attorney (“POA”) signed outside of Vietnam and authorizing the…

The recent reform of Italian arbitration law, which went into effect on 28 February 2023, has finally put an end to the historical prohibition for Italian-seated sole arbitrators and arbitral…

The English High Court’s judgment in Infrastructure Services v Spain is one of the most important developments of the past year in relation to the enforcement of intra-EU investment awards. It arises…

Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of the more than…

On 28 February 2020, two Dutch investors obtained a favourable arbitral award against Spain. The tribunal found that Spain had violated the Energy Charter and ordered Spain to pay damages of EUR 15.4…

As most other arbitration laws, section 86(3)(b) of the British Virgin Islands (“BVI”) Arbitration Act 2013 provides that enforcement of arbitration awards may be refused where “it would be contrary…