For a very long time, certain UAE courts used to refuse the enforcement of awards that were signed only on the last page, while other courts allowed enforcement of such awards. The position on this…
Traditionally, arbitration commentary has held that arbitrators, unlike courts, lack imperium —meaning they do not possess enforcement powers. In other words, arbitrators have never been regarded as…
In an interesting decision, the English Commercial Court dismissed an application brought by Colin Reen and K.M. Dastur Holdings Limited (the “Applicants”), who were the defendants in several…
A foreign arbitral award that provides for a payment obligation that is contrary to EU sanctions violates public order pursuant to Article V(2)(b) of the New York Convention and thus cannot be…
On 3 January 2025, the Constitutional Court of Indonesia (“Constitutional Court”) issued Decision No. 100/PUU-XXII/2024 ("Decision 100") which declared certain wording in Law No. 30 of 1999…
In SpaceCom v Wateen Telecom, SpaceCom applied to the Lahore High Court (the “LHC”) for recognition and enforcement of awards rendered by a DIFC-LCIA tribunal (the “Tribunal”) under the Recognition…
What had to be a simple touch-and-go on the Curaçao, Caribbean airport for Venezuelan airline Albatros (officially named Alianza Glancelot C.A., “Albatros”) became a longer-term storage exercise of…
The recognition and enforcement of foreign arbitral awards in Pakistan has been a subject of significant legal scrutiny and development. The Supreme Court of Pakistan has recently issued a landmark…
The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum…
