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…
Townsend Ventures , LLC v. Hybrid Kinetic Grp. Ltd., Civil Action No. GLR-17-130 (D. Md. Aug. 30, 2017)…
Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., No. 16-20690 (5th Cir. Aug. 9, 2017) [click for opinion] In…
Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, (D.D.C. Sep. 27, 2017) [click for opinion] Plaintiff Diag Human, S.E. (“Diag Human”), an entity incorporated in Liechtenstein, sought to enforce a 2008 arbitral award it obtained against Defendant, the Czech Republic Ministry of Health (the “Ministry of Health”). The underlying dispute arose out of Diag Human’s business of trading in blood plasma and derivatives with the Ministry of Health. When the dispute arose…
Henson v. U.S. Dist. Ct. N.D. Cal., No. 16-71818 (9th Cir. Sept. 5, 2017) [click for opinion] Petitioner-Plaintiffs…
Technology plays an increasingly important role in almost every aspect of life and does not stop at international…
Bamberger Rosenheim, Ltd. (Isr.) v. OA Dev., Inc. (United States), 862 F.3d 1284 (11th Cir. 2017) [click for opinion] Appellant Bamberger Rosenheim, Ltd. (“Bamberger”) is an Israeli company, that raises capital for real estate investments. Appellee OA Development, Inc. (“OAD”) is an American company, incorporated in the state of Georgia, that develops real estate. The parties entered into a solicitation agreement in 2008 that contained an arbitration clause calling for the seat of arbitration to…
Jones v. Waffle House, Inc., No. 16-15574 (11th Cir. Aug. 7, 2017) [click for opinion] In this case,…
Getma Int’l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of…
What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many options to the parties: “normal” arbitration, expedited arbitration, mediation, multi-tier dispute resolution providing for both mediation and arbitration … A relatively recent option was presented by the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). In November 2014, the SIAC and the SIMC introduced so-called hybrid proceedings called Arb-Med-Arb, i.e. Arbitration-Mediation-Arbitration. In the…