Hong Kong: Court clarifies when the limitation period for enforcing arbitral awards in Hong...

Under Hong Kong law, an arbitration agreement is premised upon an implied undertaking by the parties to perform an award. Accordingly, the 6-year time limit to enforce awards in Hong Kong runs from the...

U.S.: District court stays enforcement proceedings pending foreign appeal of the arbitral award.

Gretton Ltd. v. Republic of Uzbekistan, No. 18-cv-01755 (D.D.C. Feb. 6, 2019) Petitioner, Gretton Ltd. ("Gretton"), is a litigation funder. Following the alleged expropriation of two gold-mining operations run by Oxus Gold PLC ("Oxus")...

Swiss Federal Supreme Court upholds extension of arbitration agreement to non-signatories under the New...

In its decision dated 17 April 2019, the Swiss Federal Supreme Court (SFSC) confirmed for the first time that an arbitration clause may validly bind also a party which had not signed the main...

U.S.: District court grants petition to confirm foreign arbitral award and awards attorneys’ fees.

Eolica Tres Mesas, S. de R.L. de C.V. v. Abengoa Mexico S.A. de C.V., No. 1:18-cv-07505 (S.D.N.Y. Feb. 28, 2019) In June 2014, Eolica Tres Mesas, S. de R.L. de C.V. and Eolica Tres...

Czech Republic: Enforcement of foreign arbitration awards by court-appointed bailiffs

Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard court enforcement proceedings or in proceedings administered by court-appointed bailiffs.  While procedurally enforcement through a bailiff...

Russia: An ICC Clause providing for international arbitration under Arbitration Rules of the ICC...

An award creditor, Dredging and Maritime Management SA (“DMM”) sought to recognize and enforce an ICC award issued on 15 September 2014 in a Geneva-seated arbitration. In addition to arguments on violation of public...

U.S.: District court confirms an arbitration award by an appellate panel that overturned the...

Hamilton v. Navient Solutions, LLC, No. 18-cv-5432 (S.D.N.Y. Feb. 14, 2019) Lucin Hamilton obtained a student loan from Navient Solutions, LLC in 2007. When she fell behind on her payments, Navient called her repeatedly....

U.S.: Supreme Court reverses the Ninth Circuit and holds that ambiguity in a contract...

Lamps Plus, Inc. v. Varela, No. 17–988, __ U.S. __ (April 24, 2019) In 2016, a hacker tricked an employee of petitioner Lamps Plus, Inc. into disclosing tax information of about 1300 company employees. After...

U.S.: District court refuses to stay a New York arbitration proceeding between French and...

Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) In 1993, the predecessor of iXblue SAS ("iXblue), a navigation imaging company organized in France, licensed certain fiber-optic gyroscope ("FOG")...

Brazilian Transport Agency Regulates Arbitration with Privates Parties

On May 17, 2018, the Federal Terrestrial Transport Agency of Brazil (ANTT) enacted Resolution 5,845/2019, whereby it detailed the procedure for mediations and arbitrations between ANTT and the private parties subject to its regulation,...

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