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Recognition & Enforcement

District court applies balancing test to determine whether to enforce an arbitration award or...

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Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube...

District court refuses to vacate award annulled at the seat of arbitration because it...

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Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) In 2005, Compañía de...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...

Hong Kong and Mainland China enhance law on mutual enforcement of arbitral awards

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Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by a separate Arrangement, which has successfully...

US Court holds that service providing actual notice of arbitration-related court proceeding is sufficient...

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TVL Int'l, LLC v. Zheijiang Shenghui Lighting Co., No. 3:19-CV-00393-RJC-DCK (W.D.N.C. Feb. 2, 2021)  In 2014, Plaintiff TVL International, LLC ("TVL"), a Delaware corporation, and...

District court confirms arbitration award of $2 million in fees and costs to prevailing...

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Cognac Ferrand S.A.S. v. Mystique Brands LLC, No. 20 Civ. 5933 (S.D.N.Y. Jan. 31, 2021) In 2008, Petitioner and Cross-Respondent Cognac Ferrand S.A.S ("Ferrand"),...

District court confirms enforcement of foreign arbitral award, denying arguments that tribunal was not...

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Petitioner Pao Tatneft ("Tatneft"), previously OAO Tatneft, initiated arbitration against the Ukrainian government. The case arose out of the parties' joint ownership of CJSC...

EU law, Polish public policy? Polish court’s views on taking into account EU laws...

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The Appellate Court in Warsaw recently ] considered whether the EU state aid regulations form part of the Polish public policy, when considering an...

Landmark Recognition and Enforcement of a Foreign Arbitral Award in Myanmar

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When investing in developing countries, many foreign investors have concerns as to their remedies in the event of a dispute that is to be...

Keeping the lights on: Australian court enforces arbitral award

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Executive summary In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd FCA 1116, the Federal Court of Australia (FCA) enforced an...