Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In EBJ21 v EB021,[1] the Federal Court of Australia (“FCA”) considered whether to recognise or enforce a confidential arbitral award in circumstances where the award had been paid on time and in full. Factual Background The parties had entered into a confidential deed of settlement, with payment due one month later. Immediately, and prior to the due date…
District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency,…
The case at hand is, to our knowledge, the first and sole decision rendered by French courts in…
Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (Río Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…
The Court of Appeal in CAJ v. CAI [2021] SGCA 102 has upheld an earlier High Court decision…
In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi,[1] the International Commercial Chamber of the Paris…
DIGOIL v. Democratic Republic of Congo, No. 20-cv-1130 (RJL) (D.D.C. Sept. 14, 2021) [click for opinion] Factual Background In 2007 and 2008, DIGOIL, a South African oil exploration company, entered into two contracts with the Democratic Republic of Congo (the “DRC”), promising to carry out discovery and exploitation of hydrocarbon deposits in specific regions in exchange for a share of the resulting revenue. The contracts stipulated that, consistent with DRC law, the respective contract would…
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion]…
Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr.…
In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the stage of enforcement proceedings in Germany.[1] Facts of the case: The Higher Regional Court Frankfurt had to deal with an application to declare an ICC award enforceable in Germany. The background to the dispute was a contract concerning the purchase of…