To investors' relief, in a recent ruling (see Case No. 384/2016, ruling of the Dubai Court of Cassation of 19 June 2016), the Dubai Court of Cassation reversed the lower court’s refusal to enforce an…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("The New York Convention") is the engine that makes international arbitration an effective mechanism…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention") is an international instrument: a treaty between 156 States. It is…
Last month, it was announced in a legal press release ("press release") that the Enforcement Court in Riyadh, Saudi Arabia had decided to enforce an US$18.5 million ICC arbitral award rendered in…
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("NYC") was drafted in the spirit and with the purpose of encouraging arbitration as a dispute resolution…
Favorable ICSID awards are undoubtedly a valuable commodity. By virtue of the ICSID Convention, which features 153 Contracting States, such awards are automatically enforceable in nearly 80% of…
It is generally accepted that arbitral tribunals enjoy a “liberty of decision”, which I have suggested as meaning, “the freedom of the arbitral tribunal from external restraint, compulsion, or…
In a recent enforcement action of a foreign arbitral award rendered under the ICC Rules in London, England, the Dubai Court of Appeal questioned the United Kingdom’s proper membership of the 1958 New…
In December 2015, the Brazilian Judiciary faced, for the first time, the question as to whether a foreign arbitral award annulled by the Judiciary at the arbitration seat could be granted recognition…
