The ultimate objective of a party seeking damages in an arbitration is usually to get paid. This article offers twenty-five practical tips for achieving the objective of converting an arbitral award into money. While several of the tips that appear below are relevant to both domestic and international awards, the enforcement of international awards can be more challenging. Any discussion of enforcement of international arbitration awards must be done against the backdrop of the 1958…
With decision dated 17 October 2017 (4A_53/2017), the Swiss Federal Supreme Court considered for the first time whether…
Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, (D.D.C. Sep. 27, 2017) [click for opinion]…
Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor [2017] EWHC 2398 saw Mr Justice Teare dismiss challenges to an arbitration award brought under section 68 of the Arbitration Act 1996 (“AA 1996”). The judgment includes valuable guidance on the proper scope and effect of section 68 particularly in the context of a tribunal’s approach to evidence. The court concluded that a failure to address or take…
Getma Int’l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of…
Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov’t of the Lao People’s Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2017…
Venco Imtiaz Construction Co. v. Symbion Power LLC, No. 16-1737, 2017 U.S. Dist. LEXIS 82480 (D. D.C. May 31, 2017) In 2008, the U.S. Agency for International Development (“USAID”) began funding a project to build a power plant in Kabul. USAID hired a U.S.-based firm, The Louis Berger Group/Black & Veatch Special Projects Corporation (“LBG/BV”) to manage the project. LBG/BV then hired Symbion Power LLC (“Symbion”) as is its primary contractor. Symbion in turn hired…
University of Notre Dame (USA) In England v. TJAC Waterloo, LLC, No. 16-1397 (1st Cir. June 28, 2017)…
Albtelecom SH.A v. Unifi Communications, Inc., No. 16 Civ. 9001 (S.D.N.Y. May 30, 2017) Petitioner initiated arbitration proceedings…
In Maximov v NMLK[1] the English Commercial Court tackled again the thorny issue of the enforcement of a foreign arbitral award which has been set aside by the supervisory courts in the seat of the arbitration. In this case the court refused to enforce a Russian arbitral award of almost nine billion roubles (RUB) which was subsequently set aside by the Russian courts. The application was dismissed on the basis that, while the Russian courts’…