German Supreme Court ruling on enforcement of a foreign arbitration awardDirk Otto
s courts had no enforcement jurisdiction over the case at the time when the arbitral award came into effect, and the party had failed to apply to a foreign court to have the award recognized and enforced, so that there was no issue of negligence in the exercise of the right to apply ...
In the USA, it is 'the most basic understanding by courts of morals and justice', 1 although this understanding may be widened by the 'manifest disregard of law' if, for example, an arbitral award grossly ignored certain imperative norms of a state, which as a...Diana V. Tapola...
THERE is a widely held belief that it is not possible to enforce a foreign arbitration award in the Sultanate of Oman. Oman has not ratified the 1958 New York Convention; and it has been assumed that the successful party must submit the foreign award to the appropriate judicial authority in...
This is when: - the (Polish) law doesn't allow such dispute to be resolved in arbitration; - the declaration of enforceability would violate the public order clause; - the award violates the rights of customers. The additional rule refers to foreign arbitral awards. The enforcement of those ...
Chevron Corporation in its successful RICO suit against Steven Donziger and certain plaintiffs, resulting in the judicial finding that a $9.5 billion Ecuadorian judgment against Chevron was procured through fraud and bribery, in what The Wall Street Journal called the legal “fraud of the century....
Searching for pre-judgment remedies to secure assets, which can often be obtained in support of a court action and/or arbitration in certain litigations. We have developed good working relationships with investigators whose experience is often crucial to successful enforcement when debtors take steps ...
“Child Abduction Convention”), Oct. 25, 1980, 1343 U.N.T.S. 89; Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (“Adoption Convention”), May 29, 1993, 1870 U.N.T.S. 167; Convention on the ...
subjected to treacherous and deceitful governance by certain individuals who have been entrusted with the administration of the country. These offenders have engaged in illegal activities such as armed looting and embezzlement, which has had a detrimental impact on the prosperity of the nation and its...
These clarifications provide welcome limiting guidance regarding the scope of prior misconduct that may result in a harsher resolution outcome. But they also put companies on notice that certain kinds of recidivists are likely to receive harsh penalties,...