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Recognition & Enforcement

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In Asia-Pacific

Hong Kong and Mainland China enhance law on mutual enforcement of arbitral awards

by and 5 Mins Read

Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by a separate Arrangement, which has successfully provided an effective mechanism of enforcing awards between these two jurisdictions. On 27 November 2020, a Supplemental Arrangement was signed, amending four aspects of the original Arrangement to bring it further in line with current practice in international arbitration. Some amendments became effective immediately, while others will become effective on 19…

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In North America

District court confirms enforcement of foreign arbitral award, denying arguments that tribunal was not impartial and enforcement was contrary to U.S. public policy

by and 5 Mins Read

Petitioner Pao Tatneft (“Tatneft”), previously OAO Tatneft, initiated arbitration against the Ukrainian government. The case arose out of the parties’ joint ownership of CJSC Ukrtatnafta Transnational Financial and Industrial Oil Company (“Ukrtatnafta”) (Pao Tatneft v. Ukraine, Civil Action No. 17-582, (D.D.C. 2020) [click for opinion]). In 1998 and 1999, Tatneft made agreements with other Ukrtatnafta shareholders to vote as a 56% majority bloc. In January 2007, the Ukrainian Privat Group acquired a 1% interest in…

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In Asia-Pacific

Keeping the lights on: Australian court enforces arbitral award

by and 6 Mins Read

Executive summary In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1116, the Federal Court of Australia (FCA) enforced an arbitral award as a judgment of the court in accordance with section 8(3) of the International Arbitration Act 1974 (Cth) (IAA). Notably, the FCA enforced the award in circumstances where the respondent did not participate in the proceedings but later attempted to raise procedural irregularities to prevent enforcement of the…

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In Asia-Pacific

New Signatories to the New York Convention

by 3 Mins Read

On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the Convention”). The Convention entered into force for the Seychelles on 3 May 2020.[1] Shortly thereafter on 31 March 2020, Palau, an island nation located in the Western Pacific Ocean, became the 163rd State party to accede to the Convention. The Convention will enter into force for Palau…

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