Under Hong Kong law, an arbitration agreement is premised upon an implied undertaking by the parties to perform an award. Accordingly, the 6-year time limit to enforce awards in Hong Kong runs from the time when the award debtor fails to honour that promise. In its recent decision in CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance (CFI) dismissed an enforcement application because it was made out of time. The…
Gretton Ltd. v. Republic of Uzbekistan, No. 18-cv-01755 (D.D.C. Feb. 6, 2019) [click for opinion] Petitioner, Gretton Ltd.…
Eolica Tres Mesas, S. de R.L. de C.V. v. Abengoa Mexico S.A. de C.V., No. 1:18-cv-07505 (S.D.N.Y. Feb.…
Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard court enforcement proceedings or in proceedings administered by court-appointed bailiffs. While procedurally enforcement through a bailiff is an alternative to the enforcement through a court, the former possesses a few clear advantages. Some of the advantages include the absence of a court fee or the more pro-active role of the bailiff when it comes to investigating the…
An award creditor, Dredging and Maritime Management SA (“DMM”) sought to recognize and enforce an ICC award issued…
Hamilton v. Navient Solutions, LLC, No. 18-cv-5432 (S.D.N.Y. Feb. 14, 2019) [click for opinion] Lucin Hamilton obtained a…
Colombian constitutional law provides an action for the defense of fundamental constitutional rights, known as a “tutela action.” The tutela action has been accepted against domestic awards on the same grounds of a tutela action against judicial decisions, related mainly with violations of due process, such as procedural errors of sufficient gravity, errors of sufficient gravity on the examination of evidence or evidently erroneous factual findings. However, there is still discussion regarding the possibility of…
In a recent case, Japan’s Supreme Court overturned a decision of the Osaka High Court to set aside…
On 12 March 2019, the Brussels Court of Appeal suspended the enforcement of an arbitral award that was…
China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) [click for opinion] Through a series of subcontracts, Big Port Service DMCC (“BPS”) supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. (“CSCL”). After one of the intermediary contractual parties’ affiliates filed for bankruptcy, BPS sought payment of its outstanding invoice directly from CSCL. However, BPS’s contract to supply the fuel—and…