Search for:
Category

Recognition & Enforcement

Category
In North America

U.S.: District court grants default judgment against an absent defendant and enforces arbitral award in an action to enforce financial obligations brought under the Foreign Sovereign Immunities Act.

by 3 Mins Read

Tidewater Inv. SRL v. Bolivarian Republic of Venezuela, No. 17-1457 (TJK) (D.D.C. Dec. 17, 2018) [click for opinion] Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively “Tidewater”), were investors in oil- and gas-related ventures in Venezuela. Following an alleged expropriation of Tidewater’s investments, Tidewater instituted an arbitration against Venezuela under the ICSID Convention. The ICSID tribunal ultimately issued an award in favor of Tidewater in the principal amount of $46.4 million plus…

Read More
In North America

U.S.: Second Circuit joined the Third, Fifth, Sixth, Seventh, and Ninth Circuits in recognizing an exception to the functus officio doctrine where an arbitral award failed to address a contingency that later arises or when the award is susceptible to more than one interpretation.

by and 5 Mins Read

Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co., No. 17-2496-cv (2d Cir. Nov. 28, 2018) [click for opinion] General Re Life Insurance Corp. (“General Re”) sought review from the Second Circuit Court of Appeals of an order denying its petition to confirm an initial arbitration award and granting the cross-petition of Lincoln National Life Insurance Company (“Lincoln”) to affirm the award issued after the arbitral panel clarified the original award. The Second Circuit…

Read More
In Europe

Ukraine: Enforceability of emergency arbitral awards (JKX Oil & Gas PLC v. Ukraine)

by 6 Mins Read

The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the “Emergency Award”) rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Rules”) in JKX Oil & Gas plc et al v. Ukraine case. The respective decision is remarkable for international legal and business community for being the first case in Ukraine, where the Supreme Court considered the issue of…

Read More
In Argentina

Argentine Supreme Court supports restricted review of arbitral awards

by and 4 Mins Read

On November 6, 2018, the Argentine National Supreme Court (“Supreme Court”) ruled on a case regarding the annulment of a domestic arbitration award. The Supreme Court found that the award was not subject to annulment, since it had complied with the requirements of Sections 760 and 761 of the National Procedural Code (“NPC”) and it did not affect public policy. The background of the case refers to a contract executed between the National State (“National…

Read More
Load More