Recognition & Enforcement Archives

In Asia-Pacific

First Emergency Arbitrator Proceedings in China and Enforcement in Hong Kong

October 9, 2018 by 9 Mins Read

In August 2018, the Beijing Arbitration Commission (“BAC”) closed its first arbitration case involving emergency arbitration procedures in China (“GKML Case”). This case, with the claimants represented by Baker McKenzie Fenxun, is significant in that it not only featured the first emergency arbitrator proceeding (“EA proceedings”) in China but also the enforcement of the emergency arbitrator order (“EA Order”) in Hong Kong, and therefore has set a precedent and example for future practices of similar…

In North America

U.S.: District court holds that enforcement of award requiring a foreign sovereign to recognize an energy concession in its own territorial waters would violate US public policy.

October 4, 2018 by Courtney Giles and David Zaslowsky 5 Mins Read

Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action…

In North America

U.S.: District court confirms arbitration award, rejecting petitioners’ assertion that the arbitrator committed manifest injustice in declining to apply Korean law.

October 2, 2018 by Amanda Praestholm 6 Mins Read

KT Corp. v. ABS Holdings, LTD., No. 1:17-cv-07859 (S.D.N.Y. Apr. 10, 2018) [click for opinion] KT Corp. (“KT”),…

In Asia-Pacific

Hong Kong Court of Final Appeal clarifies principles applicable where a party seeks to resist enforcement of an award under the New York Convention out of time

August 20, 2018 by 9 Mins Read

This article discusses the decision of the Hong Kong Court of Final Appeal (“CFA”) in Astro v First Media.[1] The CFA has allowed First Media to resist enforcement of awards under the New York Convention out of time. The CFA’s decision is important because it clarifies the applicable principles when considering whether time should be extended where an award debtor seeks to resist enforcement after the prescribed time limit has expired. In this case, First…

In North America

U.S.: District court finds motion to confirm award was properly served pursuant to terms of arbitration agreement and confirms award, finding that the arbitrator did not exceed her powers, deny Respondents a fundamentally fair hearing, or demonstrate evident partiality.

August 13, 2018 by 4 Mins Read

Voltage Pictures, LLC v. Gulf Film, LLC, LACV 18-00696-VAP (C.D. Cal. Apr. 17, 2018) [click for opinion] Between…

In North America

U.S.: Second Circuit holds that a party seeking to vacate an award must sustain a higher burden to prove evident partiality on the part of a party-appointed arbitrator.

August 6, 2018 by 3 Mins Read

Certain Underwriting Members of Lloyds of London v. Insurance Company of the Americas, No. 17-1137-cv (2d Cir. June…

In England and Wales

English High Court provides useful guidance on whether test for appeal on a point of law can be revisited at the substantive stage

July 18, 2018 by 7 Mins Read

The case of Agile Holdings Corp v Essar Shipping Ltd[1] clarifies the circumstances in which the court can revisit the decision to grant leave to appeal an award on a point of law under section 69 of the UK Arbitration Act 1996 (“AA”) at the merits stage. The law Section 69 of the UK provides narrow grounds on which a party can appeal an award on a point of law. Before an appeal can be…

In England and Wales

Due process and fairness in arbitral proceedings: the Commercial Court rules against finding serious irregularity

July 12, 2018 by Richard Molesworth 8 Mins Read

The rejection of SCM Financial Overseas Ltd’s (“SCM”) challenge to an US$ 860 million award in favour of…

In North America

U.S.: District court refuses to allow non-parties to arbitration to intervene in enforcement proceedings, despite non-parties’ potential alter-ego liability for award.

June 20, 2018 by 4 Mins Read

Eddystone Rail Co. v. Jamex Transfer Servs., LLC, No. 17-cv-1266 (S.D.N.Y. Feb. 7, 2018) [click for opinion] A…

In North America

U.S.: District court refuses to stay enforcement of an award pending foreign challenge but seeks further briefing on the merits before confirming award.

June 13, 2018 by 5 Mins Read

Tatneft v. Ukraine, No. 17-582 (D.D.C. Mar. 19, 2018) [click for opinion] On July 4, 1995, Tatarstan and Ukraine entered into an agreement to create CJSC Ukrtatnafta Transnational Financial and Industrial Oil Company (“Ukrtatnafta”), a Ukrainian joint stock company that operates the largest oil refinery in Ukraine. Ukraine, Tatarstan, and PAO Tatneft, a publicly-traded open joint stock company established under the laws of the Russian Federation (“Tatneft” or “Plaintiff”), were the three major shareholders of…