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Recognition & Enforcement

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award...

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement...

Court Affirms Substantial Arbitration Award for Del Monte Against Costa Rican Pineapple Grower

The United States District Court for the Southern District of Florida, in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte Int’l GmbH, Case...

Hong Kong Court Dismisses Claim of Crown Immunity by Chinese State-Owned Enterprise

The Hong Kong Court of First Instance, in TNB Fuel Services Sdn Bhd v. China National Coal Group Corporation (08/06/2017, HCCT23/2015) ("TNB Case"), has...

Austrian Supreme Court set aside an arbitral award due to a violation of the...

In its decision of 28 September 2016, the Austrian Supreme Court ("OGH") partially set aside an arbitral award due to a violation of the...

United States Court of Appeals for the First Circuit adopts “look-through” approach for determining...

Appellants brought an arbitration against Appellees, asserting claims under both federal and Puerto Rico law for violations of Section 10(b) of the Securities Exchange...

U.S. Court rejects public policy objections and affirms enforcement of international arbitral award against...

In 1999, Enron Nigeria Power Holding, Ltd ("ENPH") entered into a power purchase agreement ("PPA") with Nigeria, Lagos State, and the National Electric Power...

Brazilian Superior Court denies Recognition of Award Due to Conflict Relating to Arbitrator’s Law...

On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral award issued in the United States...

US court confirms international arbitral award against non-signatory.

Petitioner, Trina Solar US, Inc. ("Trina"), is a California company that manufactures and sells solar panels. In 2012, Trina began negotiations with Respondents, Australia-based...

Ontario introduces new international arbitration legislation

Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model Law on International Commercial Arbitration ("Model...