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Recognition & Enforcement

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Eddystone Rail Co. v. Jamex Transfer Servs., LLC, No. 17-cv-1266 (S.D.N.Y. Feb. 7, 2018) [click for opinion] A district court in the Southern District of New York recently refused to allow a group of would-be Intervenors, all former affiliates and/or officers of Jamex Transfer Services, LLC (“Jamex”), to intervene in a proceeding brought by Eddystone Rail Company, LLC, to enforce $139 million agreed arbitration award in Eddystone’s favor against Jamex. The Court rejected the Intervenors’…

Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., No. H-17-2623 (S.D. Tex. Mar. 12, 2018) [click for opinion] Petitioners, Transocean Offshore Gulf of Guinea VII Ltd and Indigo Drilling Ltd, participated in an arbitration against Respondent, Erin Energy Corp., before the London Court of International Arbitration (the “LCIA”) arising from a contract providing for drilling off the coast of Nigeria. Before the arbitration hearings took place and any decisions made by the…

On 24 November 2017, the Netherlands Supreme Court rendered a notable judgment in exequatur proceedings in a case governed by the New York Convention.[1] This judgment has international bearing, as it demonstrates how, according to the highest court in the Netherlands, one aspect of the New York Convention must be interpreted and applied in practice. As per the Vienna Convention on the Law of Treaties,[2] which reflects international custom,[3] such leading views must be taken…

China’s Supreme People’s Court (“SPC”) recently issued the SPC Provisions on Issues related to Enforcement of Arbitral Awards by the People’s Courts (the “Provisions”), which became effective on March 1, 2018. The Provisions are applicable to the enforcement of arbitral awards rendered by Chinese arbitral institutions in China under the PRC Arbitration Law but not to those made outside mainland China. The latter remain to be handled in accordance with the New York Convention or…