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Journal articles on the topic 'Act on Arbitration and Enforcement of Arbitral Awards'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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1

Mukhtar, Sohaib, and Shafqat Mahmood Khan Mastoi. "Remedies to Challenge Arbitral Awards in Pakistan." Journal of Asian Research 1, no. 1 (2017): 14. http://dx.doi.org/10.22158/jar.v1n1p14.

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<p><em>Available remedies to challenge arbitral awards in Pakistan are modification, remission, annulment and revocation of recognition and enforcement. Arbitration is a method through which disputing parties resolve their disputes outside the Court by avoiding technicalities of procedural law. If there is irregularity regarding process and procedure of arbitral tribunal, parties to an arbitration agreement may apply against it in the Court. Arbitrator files an arbitral award in the Court after completion of arbitral proceedings. If arbitral award is domestic and comes under ambit

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2

Dubey, Yash. "Analysis of Public Policy and Enforcement of Domestic and Foreign Arbitral Awards in India." Christ University Law Journal 7, no. 2 (2018): 63–82. http://dx.doi.org/10.12728/culj.13.4.

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The Public Policy doctrine is an unruly horse in India, when it comes to the enforcement of domestic and foreign awards. The main objective behind choosing this topic was to shed light on how public policy has been used by the losing party, in delaying the enforcement of arbitral award, which hampers the whole objective of arbitration. Though one may argue that the 2015 Amendment Act has settled all the controversies regarding public policy and enforcement of arbitral award, the author is of the opinion that there are still some areas that are left unexplored by the Arbitration Amendment Act.

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Ghazwi, Mohamed Fahmi, Ahmad Masum, and Nurli Yaacob. "Recognition and Enforcement of International Arbitration Awards: A Case Study of Malaysia and Saudi Arabia." International Journal of Accounting and Financial Reporting 1, no. 1 (2014): 541. http://dx.doi.org/10.5296/ijafr.v4i2.6783.

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Recognition and enforcement are crucial elements of arbitration. Without the possibility for the winning party to enforce the arbitral award in its desired country, the whole arbitration process becomes pointless. This paper discusses the requirements for recognition and enforcement of international arbitration awards in Malaysia and Saudi Arabia. The paper aims to provide a clarification to the Arbitration law in both countries focusing mainly on the issue of the requirements regarding the recognition and enforcement of international arbitration awards. In this paper, both the Malaysian Arbit

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4

Pérez Font, Javier. "Recognition and enforcement of declaratory awards under English Law as an effective method to protect the arbitration agreement = Reconocimiento y ejecución del laudo declarativo en el Derecho inglés como método efectivo para proteger el convenio arbitral." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (2019): 306. http://dx.doi.org/10.20318/cdt.2019.4960.

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Abstract: Where a party to an English arbitration clause commences proceedings before the courts of a state member of the EU other than the United Kingdom, the counterparty can: either claim for the stay of the proceedings before that Court, or start arbitral proceedings in England in order to obtain a declaratory ruling on the validity of the agreement which could subsequently be converted into a judgment under section 66 of the Arbitration Act 1996. In accordance with Article 45(1)(c) of Brussels I Bis Regulation, this judgment entered in the terms of the award would entitle the complying p

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Oppong, Richard Frimpong. "The East African Court of Justice, Enforcement of Foreign Arbitration Awards and the East African Community Integration Process." Journal of African Law 63, no. 1 (2019): 1–23. http://dx.doi.org/10.1017/s0021855318000293.

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AbstractThis article discusses the legal regimes for enforcing foreign arbitral awards within the East African Community (EAC). It focuses specifically on the enforcement of awards from partner states as well as from the East African Court of Justice (EACJ), which, although a supranational court, has jurisdiction to accept parties’ designation to act as an arbitral tribunal. The EAC has not yet developed a supranational community law based regime for enforcing foreign arbitral awards. The current dominant regime for enforcing such awards is the New York Convention. The article examines how the

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6

Mukhtar, Sohaib. "Settlement of Disputes by Way of Arbitration in Pakistan." World Journal of Social Science Research 3, no. 4 (2016): 518. http://dx.doi.org/10.22158/wjssr.v3n4p518.

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<p><em>Arbitration is a method, through which, parties resolve their disputes; outside the court of law; by avoiding all types of technicalities of procedural law. It is one of the modes of Alternate Dispute Resolution. The Arbitration Act 1940 is the only statute in Pakistan, which deals with all types of arbitration processes in Pakistan, but it does not deal with the recognition and enforcement process of International Arbitral Awards in Pakistan. The New York Convention 1958 is enforced in Pakistan, through the Recognition and Enforcement Act 2011 and it deals with the recognit

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7

Skulnik, Steven. "GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC (U.S. Sup. Ct.)." International Legal Materials 59, no. 6 (2020): 911–21. http://dx.doi.org/10.1017/ilm.2020.54.

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On June 1, 2020, the U.S. Supreme Court decided GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC. The decision is significant for its holding that nothing in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention or the New York Convention) or the Federal Arbitration Act (the FAA) prohibits courts from deciding that non-signatories may be bound by or enforce international arbitration agreements based on contract, agency, equity, or related principles.

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8

Lahema, Yongky Pieter, and Imam Haryanto. "Analisis Hukum Pelaksanaan Penyelesaian Sengketa Bisnis Dengan Metode Arbitrase Online di Indonesia dan di Singapura." Wajah Hukum 5, no. 1 (2021): 137. http://dx.doi.org/10.33087/wjh.v5i1.366.

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Online arbitration has been carried out by the Singapore International Arbitration Center (SIAC), then SIAC Rules, Arbitration Act of Singapore, and UNCITRAL as a legal basis SIAC already has rules regarding online arbitration. The Indonesian National Arbitration Board (BANI) has practically carried out online arbitration, but the BANI Arbitration Rules & Procedures and Law No.30 of 1999 as the legal basis for BANI do not have clear rules. This writing will discuss the comparison of online arbitration enforcement at SIAC with BANI, how SIAC regulates online arbitration execution and whethe

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9

SUK, Kwang Hyun. "Changes of Legal Doctrines on Effect, Setting Aside, Recognition and Enforcement of Arbitral Awards under the Arbitration Act of 2016 of Korea." Institute for Legal Studies 34, no. 1 (2017): 461–99. http://dx.doi.org/10.18018/hylr.2017.34.1.461.

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10

Rho, Tae Ak. "An Analysis on the Recent Judicial Precedents of Korean Courts Concerning the Recognition and Enforcement of Arbitral Awards - Including the Implications for the Revised Arbitration Act of 2016." CIVIL PROCEDURE 24, no. 1 (2020): 1–55. http://dx.doi.org/10.30639/cp.2020.02.24.1.1.

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11

Lazić-Smoljanić, Vesna. "Enforcing annulled arbitral awards." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 1 (2018): 215–40. http://dx.doi.org/10.30925/zpfsr.39.1.7.

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This contribution examines the procedural aspects of the enforcement of arbitral awards that were set aside in the jurisdiction where they were rendered. It focuses on recent cases in the United States and the Netherlands, which adopted a different line of reasoning than the approach taken by French judiciary many years ago. According to the latter, an arbitral award set aside in the ‘country of origin’ may be enforced in France in reliance on national law. Namely, French law on enforcement is more favourable than the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbit

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12

Chen, Meng, and Chengzhi Wang. "Vanishing Set-Aside Authority in International Commercial Arbitration." International and Comparative Law Review 18, no. 1 (2018): 127–54. http://dx.doi.org/10.2478/iclr-2018-0029.

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Summary Traditional set-aside theory is subject to considerable challenges as a result of an uncompromising trend towards autonomy and internationalism in international arbitration. The silence and ambiguity of international law regarding enforcement of set-aside arbitral awards allow some states to abandon their own set-aside authority or ignore set-aside decisions made by competent courts. This article presents a range of evidence that demonstrates the enforcement of set-aside arbitral awards has become a common phenomenon. This article first introduces robust academic debates regarding set-

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13

Kravtsov, S. "THE APPEAL OF INTERNATIONAL COMMERCIAL ARBITRATION AWARDS AS A FORM OF JUDICAL CONTROL BY NATIONAL COURTS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 8–16. http://dx.doi.org/10.17721/1728-2195/2019/3.110-2.

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The appeal of the international commercial arbitration awards is a major issue in the dispute settlement mechanism for arbitration governed by multilateral conventions, bilateral treaties and national laws, as well as by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Notwithstanding the importance of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, it restricts to a certain extent the scope of legal protection of arbitral awards, as it leaves national courts to challenge them by the way of possible an

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14

Budylin, Sergey. "Judging the Arbiters: The Enforcement of International Arbitration Awards in Russia." Review of Central and East European Law 34, no. 2 (2009): 137–72. http://dx.doi.org/10.1163/157303509x406287.

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AbstractThis article is devoted to the issue of the enforceability in Russia of arbitral awards rendered pursuant to arbitration agreements between Russian companies or state agencies, on the one hand, and private firms operating outside of Russia, on the other. The emphasis is on the enforcement of arbitral awards rendered outside of Russia. Russian statutory law, international treaties to which Russia is a party and Russian court practice are discussed. The enforceability of foreign judicial decisions, as opposed to arbitral awards, in Russia is also briefly discussed.

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15

Serrão, Tiago, and Diogo Calado. "A arbitragem de direito administrativo, em Portugal: uma visão panorâmica." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (2019): 249–66. http://dx.doi.org/10.52028/rbadr.v1i1.12.

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This text contains a general, althought synthetic, analysis on the administrative arbitration law, in Portugal. It begins with a reference to the appearance of administrative arbitration law in Portugal, followed by an analysis of the “arbitrable” administrative disputes and the challenging and enforcement of the arbitral awards. Finally, it focus the publicity of arbitral awards.

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16

SHAIMENOVA, Ardak, Gulzhazira ILYASSOVA, Yevgeniya KLYUYEVA, and Ainura KHASHIMOVA. "Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice." Journal of Advanced Research in Law and Economics 11, no. 1 (2020): 169. http://dx.doi.org/10.14505//jarle.v11.1(47).21.

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The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses

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SHAIMENOVA, Ardak, Gulzhazira ILYASSOVA, Yevgeniya KLYUYEVA, and Ainura KHASHIMOVA. "Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice." Journal of Advanced Research in Law and Economics 11, no. 2 (2020): 557. http://dx.doi.org/10.14505/jarle.v11.2(48).27.

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The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses

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18

El-Ahdab, A. H. "Enforcement of Arbitral Awards in the Arab Countries." Arbitration International 11, no. 2 (1995): 169–82. http://dx.doi.org/10.1093/arbitration/11.2.169.

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19

Onyema, E. "Enforcement of Arbitral Awards in Sub-Sahara Africa." Arbitration International 26, no. 1 (2010): 115–38. http://dx.doi.org/10.1093/arbitration/26.1.115.

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20

Horomides, I. C. "The Enforcement of Foreign Arbitral Awards in Greece." Arbitration International 3, no. 3 (1987): 240–53. http://dx.doi.org/10.1093/arbitration/3.3.240.

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21

Poudret, J. F. "Challenge and Enforcement of Arbitral Awards in Switzerland." Arbitration International 4, no. 4 (1988): 278–99. http://dx.doi.org/10.1093/arbitration/4.4.278.

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22

Van Houtte, H., and E. Valgaeren. "The Enforcement Procedure of Foreign Arbitral Awards in Belgium." Arbitration International 14, no. 4 (1998): 431–46. http://dx.doi.org/10.1093/arbitration/14.4.431.

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23

Saunders, M., and C. Salomon. "Enforcement of Arbitral Awards Against States and State Entities." Arbitration International 23, no. 3 (2007): 467–76. http://dx.doi.org/10.1093/arbitration/23.3.467.

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24

Sardu, Alessandra. "On the Execution of Investment Arbitral Awards in Recent Case Law." Law & Practice of International Courts and Tribunals 17, no. 3 (2018): 499–526. http://dx.doi.org/10.1163/15718034-12341390.

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AbstractThis article examines the peculiarities and points of criticism of the execution of investment arbitral awards. It specifically addresses the potential obstacles to the execution of investment arbitral awards based on recent case law. First, the article focuses on the differences existing between the phases of enforcement and execution of investment arbitral awards, with special regard to the procedural frameworks of investment arbitration that are most commonly utilized. Secondly, the issue of the interrelation between these two phases is addressed in the light of national case law, g

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25

Juratowitch, Ben. "FORA NON CONVENIENS FOR ENFORCEMENT OF ARBITRAL AWARDS AGAINST STATES." International and Comparative Law Quarterly 63, no. 2 (2014): 477–90. http://dx.doi.org/10.1017/s0020589314000086.

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AbstractIn Figueiredo Ferraz v Peru the US Court of Appeals, Second Circuit, deployed the doctrine of forum non conveniens to decline to enforce an arbitral award against Peru. The award had been rendered in Peru and the successful party in the arbitration sought to enforce it against Peru's assets in New York. This article argues that, contrary to the Second Circuit's approach, when the merits of a dispute are decided in an arbitration seated in one jurisdiction and the arbitral award is then presented to a court in another jurisdiction for enforcement against the award debtor and its assets

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26

Kennett, Wendy. "V. Recognition of Arbitral Awards." International and Comparative Law Quarterly 48, no. 4 (1999): 975–77. http://dx.doi.org/10.1017/s0020589300063831.

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A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd.20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due under a contract through which the claimant assisted the defendant to obtain a contract for the supply of military equipment to Kuwait. It was alleged in

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27

Abdallah, Amel K. "Islamic Sharia and arbitration in GCC States: The way ahead." International Review of Law 9, no. 2 (2021): 318–36. http://dx.doi.org/10.29117/irl.2020.0114.

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Irrespective of the existence of a legislative environment complying with the most recent international texts in the field of Arbitration in most GCC states; such as UNCITRAL Model Law of international Commercial Arbitration, 1985, Islamic sharia may not be sufficiently clear to foreign investors and western jurists who might consider it as an impediment jeopardizing recognition and enforcement of arbitral proceedings in Arab states especially in GCC. This article clarifies the relationship between Arbitration and the real concepts of Islamic sharia, concluding that rules of Islamic sharia wou

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Kajkowska, Ewelina. "ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE." Cambridge Law Journal 74, no. 3 (2015): 412–15. http://dx.doi.org/10.1017/s0008197315000859.

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THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Bru

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Lukin, Yuri Mikhailovich, Arthur Robertovich Vasiliev, and Rafail Valievich Shakiryanov. "Arbitration agreements in the foreign economic activity of russian companies." Laplage em Revista 6, Extra-B (2020): 175–79. http://dx.doi.org/10.24115/s2446-622020206extra-b610p.169-173.

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The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in th

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Lukin, Yuri Mikhailovich, Arthur Robertovich Vasiliev, and Rafail Valievich Shakiryanov. "Arbitration agreements in the foreign economic activity of russian companies." Laplage em Revista 6, Extra-B (2020): 175–79. http://dx.doi.org/10.24115/s2446-622020206extra-b610p.175-179.

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The article assesses the potential risks associated with the problem of recognizing the arbitration clause as inconsistent or invalid. The main scientific research method used in this article is the comparative legal method, which makes it possible to most accurately determine the common and different features in the approaches of different jurisdictions. This article discusses the main conditions and essential circumstances requiring attention when working with contracts in the foreign economic activity in terms of validity of the arbitration agreements. In order to achieve the goal set in th

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31

Prytyka, Yu, and D. Prytyka. "NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 29–35. http://dx.doi.org/10.17721/1728-2195/2019/3.110-6.

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This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal an

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Adaralegbe, A. "Limitation Period for the Enforcement of Arbitral Awards in Nigeria." Arbitration International 22, no. 4 (2006): 613–26. http://dx.doi.org/10.1093/arbitration/22.4.613.

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Tupman, W. M. "Staying Enforcement of Arbitral Awards under the New York Convention." Arbitration International 3, no. 3 (1987): 209–25. http://dx.doi.org/10.1093/arbitration/3.3.209.

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34

Seidl-Hohenveldern, I. "Austrian Public Policy and the Enforcement of Foreign Arbitral Awards." Arbitration International 4, no. 4 (1988): 322–30. http://dx.doi.org/10.1093/arbitration/4.4.322.

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35

Ranjan, Prabhash, and Deepak Raju. "The Enigma of Enforceability of Investment Treaty Arbitration Awards in India." Asian Journal of Comparative Law 6 (2011): 1–33. http://dx.doi.org/10.1017/s2194607800000491.

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AbstractThis paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India under the Indian domestic law on arbitration. In this regard, the paper discusses the relevant provisions of the Indian arbitration law and its interpretations by the Indian judiciary to understand their ramifications for the enforcement of ITA awards against India. The paper also discusses the proposed amendments to the Indian arbitration law and its ramifications on ITA. The issue of enforcement of ITA awards in India has become important due to India's gigantic int

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Berlingher, Remus Daniel, and Daniela Cristina Cret. "Procedural Aspects Regarding International Arbitration." Studia Universitatis „Vasile Goldis” Arad – Economics Series 25, no. 2 (2015): 1–9. http://dx.doi.org/10.1515/sues-2015-0008.

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Abstract Socio-economic changes have led to significant changes with regard to the institutions regulated by the 1865 Code of Civil Procedure and other laws, such as Law no. 105/1992 on the regulation of private international law. Among the institutions that have undergone these reconfigurations in the regulation of the Code of Civil Procedure, which entered into force in 2013, one that stands out is arbitration. Our study will analyze the main aspects of private international law arbitration: arbitration agreement, the arbitral tribunal, the proceedings in the matter, as well as the recogniti

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Maskun, Maskun, Achmad Achmad, Naswar Naswar, Fauziah P. Bakti, and Amaliyah Amaliyah. "Arbitration: Understanding It in Theory and Indonesian Practice." Hasanuddin Law Review 5, no. 2 (2019): 220. http://dx.doi.org/10.20956/halrev.v5i2.1945.

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Cross-border transactions have always attracted legal risks. Cross-border legal issues are emerging as a separate area of commercial risk that needs to be more precisely identified and better managed. Many cases of injury to multinational companies which would formerly have been pursued as a diplomatic claim by the nation state of the company are now resolved by arbitration between the company and the respondent state. Arbitration is one of dispute settlement bodies to resolve some issues particular trade, business, investment, and financial issues. Those issues are shaping the range and signi

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Qasim Idrees, Rao, Iqra Azhar, and Mirza Shahid Rizwan Baig. "The Enforcement of Foreign Arbitral Awards: A Critical Analysis of Current Pakistan Arbitration Mechanism." Global Political Review V, no. IV (2020): 11–20. http://dx.doi.org/10.31703/gpr.2020(v-iv).02.

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The current research provides an analytical study on the domestic and international arbitration and the application of foreign arbitral awards in Pakistan. The research explains the international arbitration, how it operates, its processes, rulings, and execution as per the domestic arbitration mechanism existing in Pakistan. The study further identifies the flaws that render it impossible to cope with fundamental factors such as the application of foreign arbitral awards at the domestic level as per international practice. The current research adopts analytical and descriptive approaches for

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Asouzu, A. A. "African States and the Enforcement of Arbitral Awards: Some Key Issues." Arbitration International 15, no. 1 (1999): 1–52. http://dx.doi.org/10.1093/arbitration/15.1.1.

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Spahiu, Artan. "Recognition and Enforcement of International Arbitral Awards in Albania. Current hallenges to the Albanian Domestic Law." European Journal of Multidisciplinary Studies 4, no. 4 (2017): 52. http://dx.doi.org/10.26417/ejms.v4i4.p52-63.

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The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) is described as the most successful treaty in private international law. For more than half a century this document has contributed to the protection of incomparable values of free trade. In this way it served well also to the interests of human society, providing a valuable contribution to the world economic development. Legal instruments of recognition and enforcement of foreign arbitral awards in the Republic of Albania do not justify the rightful place of arbitration mechanism in resolvin

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JURATOWITCH, Ben. "Waiver of State Immunity and Enforcement of Arbitral Awards." Asian Journal of International Law 6, no. 2 (2015): 199–232. http://dx.doi.org/10.1017/s204425131400040x.

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If a state has waived state immunity by agreement with a non-state entity in advance of court proceedings brought by that entity to enforce an arbitral award against that state, then the enforcement court should give effect to the waiver. That is the opposite of what the Hong Kong Court of Final Appeal decided in Democratic Republic of the Congo v. FG Hemisphere, but it is the approach reflected in the 2004 United Nations Convention on the Jurisdictional Immunities of States and their Property. After examining that Hong Kong case and that United Nations Convention, this paper considers the pos

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SCHAER, M., N. I. GAIDAENKO SCHAER, and O. V. ZAYTSEV. "COMPULSORY ENFORCEMENT OF ARBITRAL AWARDS IN RUSSIA - A DANGEROUS LEGAL PRECEDENT HAS OCCURRED." Herald of Civil Procedure 10, no. 5 (2020): 101–17. http://dx.doi.org/10.24031/2226-0781-2020-10-5-101-117.

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In this article, the authors study and analyze the recent decisions of the courts of general jurisdiction (the appeal ruling of the Judicial Collegium for Civil Cases of the Moscow City Court of 26 July 2019 in case No. 33-34038/19 and the ruling of the Second General Jurisdiction Court of Cassation of 12 March 2020 in case No. 88-3792/2020). The authors, in the process of analyzing these examples of law enforcement law, come to the conclusion that the lack of a pro-arbitration approach in the courts of general jurisdiction to the application of the provisions of the Civil Procedure Code of th

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Kirtley, William Lawton. "Bringing Claims and Enforcing International Arbitration Awards Against Sub-Saharan African States and Parties." Law & Practice of International Courts and Tribunals 8, no. 1 (2009): 143–69. http://dx.doi.org/10.1163/157180309x429696.

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AbstractThis article examines the difficulties inherent to enforcing ICC awards and other commercial awards against sub-Saharan African States or parties, as well as the difficulties of bringing claims and enforcing ICSID (or other treaty-based awards) against sub-Saharan African States in the context of investor/State disputes. It concludes by summarizing potential means for sub-Saharan African States to improve their international arbitration regimes and the enforcement of international arbitral awards in the region.

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Yoon,Jin-Ki. "Problems on the Arbitral Awards Enforcement in the 2016 Korean Arbitration Ac." JOURNAL OF ARBITRATION STUDIES 26, no. 4 (2016): 3–41. http://dx.doi.org/10.16998/jas.2016.26.4.3.

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45

Al-Serhan, Bakr A. F. "Speedy Enforcement of Domestic Arbitral Awards: Analytical Study under the Emirate Civil Procedures Law." Arab Law Quarterly 29, no. 4 (2015): 378–96. http://dx.doi.org/10.1163/15730255-12341308.

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In arbitration, an arbitrator delivers a decision that needs to be enforced in order to be of value to the parties. Emirate law regulates two types of judgment enforcement: normal and speedy. Normal enforcement pertains to judgments that can be enforced if deemed non-appealable before the Court of Appeal. Speedy enforcement refers to judgments that can be enforced even when still appealable. Emirate law states that arbitral awards are subjected to ‘speedy’ or rapid enforcement rules. This article concludes that a clearer regulation regarding this issue will be highly welcomed.

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Rachkov, I. V., and E. I. Rachkova. "Crimea-Related Investment Arbitration Cases against Russia before International Investment Arbitration Tribunals." Moscow Journal of International Law, no. 4 (December 31, 2020): 119–47. http://dx.doi.org/10.24833/0869-0049-2020-4-119-147.

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INTRODUCTION. The article is devoted to the analysis of the position of the Russian Federation in ten investment cases initiated by Ukrainian investors after the events in Crimea in 2014. The article also highlights current trends in the issue of confidentiality of international investment disputes. The authors analyze whether Russian strategy is effective based on the experience of foreign states, and also make assumptions about the enforceability of arbitration awards. Where the tribunals rendered awards on the merits, the authors highlight the problem of recognition and enforcement, and als

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Tapola, D. V. "Enforcement of Foreign Arbitral Awards: Application of the Public Policy Rule in Russia." Arbitration International 22, no. 1 (2006): 151–64. http://dx.doi.org/10.1093/arbitration/22.1.151.

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Scheu, Julian, and Petyo Nikolov. "The setting aside and enforcement of intra-EU investment arbitration awards after Achmea." Arbitration International 36, no. 2 (2020): 253–74. http://dx.doi.org/10.1093/arbint/aiaa016.

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Abstract By rendering its preliminary ruling in Achmea v Slovakia, the European Court of Justice (ECJ) declared intra-EU investment treaty arbitration to be incompatible with fundamental principles of the European legal order. This decision does not only illustrate the challenge of regime interaction in international economic law but is also of highest practical relevance. Diverse and critical reactions from arbitral practice and legal scholarship suggest that it will ultimately be up to the courts within and outside of the EU to clarify how the ECJ’s findings in Achmea relate to the legal fat

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Hu, L. "Enforcement of Foreign Arbitral Awards and Court Intervention in the People's Republic of China." Arbitration International 20, no. 2 (2004): 167–78. http://dx.doi.org/10.1093/arbitration/20.2.167.

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JON, Woo-Jung. "Interim Measures in Arbitration and Enforcement of Arbitral Awards in Korea and China." JOURNAL OF ARBITRATION STUDIES 26, no. 3 (2016): 67–91. http://dx.doi.org/10.16998/jas.2016.26.3.67.

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