Recognition and enforcement of arbitral award

On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the…

On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the…

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the…

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…

In a recent decision, the Austrian Supreme Court ruled on the enforceability of an investor-state award rendered under the ICSID Additional Facility Rules. While the Supreme Court found that the…

In 2022, Canadian courts revisited some old issues, like the timeframe for recognizing foreign arbitral awards, but also faced new dilemmas, such as the impact of sanctions on recognition and…

The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will have many more…

Arbitration’s key strength lies in the near-universal enforcement of its arbitral awards. The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”)…

Despite the ongoing Russian full-scale invasion of Ukraine and constant terror, Ukrainian courts continue to function and deliver justice. Recently, the Supreme Court has adopted a landmark judgment…