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. 28, 2019) [click for opinion] In June 2014, Eolica Tres Mesas, S. de R.L. de C.V. and Eolica Tres Mesas 2, S. de R.L. de C.V. (“Eolica”) entered into a subcontractor relationship with general contractor Abengoa Mexico S.A. de C.V. (“Abengoa”) under a Balance of Plant Agreement (“BOP Agreement”) relating to the development of a 45-turbine wind…
Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard…
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 student loan from Navient Solutions, LLC in 2007. When she fell behind on her payments, Navient called her repeatedly. Hamilton believed that Navient was utilizing an Automatic Telephone Dialling System (“ATDS”) to contact her. Hamilton had agreed to Navient’s use of ATDS in the 2007 loan agreement, but then advised Navient in April 2016 that she no…
Colombian constitutional law provides an action for the defense of fundamental constitutional rights, known as a “tutela action.”…
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 considered de facto illegal State aid by the European Commission, pending a final decision of the EU General Court. It also requested a preliminary ruling from the European Court of Justice (“ECJ”) regarding the impact of EU decisions on the Member States’ obligation to enforce arbitral awards. The case concerned the enforcement of economic benefits derived from…
China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15,…
Tidewater Inv. SRL v. Bolivarian Republic of Venezuela, No. 17-1457 (TJK) (D.D.C. Dec. 17, 2018) [click for opinion]…
The recently issued implementing regulations of the civil procedures law (Implementing Regulations) have brought a number of amendments intended to facilitate and expedite the process of ratification and enforcement of foreign arbitral awards. The Implementing Regulations were published in the UAE gazettes on 16 December 2018 and came into force on 17 February 2019. Under the previous provisions of the Civil Procedures Law No 11 of 1992 (Civil Procedures Law), the process for the ratification…