Kingdom of Spain v. Infrastructure Services Luxembourg S.á.r.l.

2021 ◽  
Vol 196 ◽  
pp. 593-628
Keyword(s):  
Federal Court ◽  
Vienna Convention ◽  
International Arbitration ◽  
Content Type ◽  
Arbitral Award ◽  
State Immunity ◽  
Foreign State ◽  
Municipal Law ◽  
Recognition And Enforcement ◽  
The Law

593Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Recognition and enforcement of award — Distinction between enforcement and recognition proceedings — International Arbitration Act 1974 (Cth) implementing ICSID Convention in domestic law — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of AustraliaRelationship of international law and municipal law — Treaties — ICSID Convention, 1965 — International Arbitration Act 1974 (Cth) — Foreign States Immunities Act 1985 (Cth) — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of AustraliaTreaties — Interpretation — ICSID Convention, 1965 — Articles 54 and 55 — Meaning of recognition and enforcement in Article 54 and execution in Article 55 of ICSID Convention — Vienna Convention on the Law of Treaties, 1969 — Whether ICSID Convention excluding any claim for foreign state immunity in proceedings for recognition and enforcement of an arbitral award — Whether Spain’s accession to ICSID Convention constituting a submission to jurisdiction of Federal Court of AustraliaState immunity — Foreign States Immunities Act 1985 (Cth) — Exceptions to immunity — Exception where foreign State agreeing by treaty to submit to jurisdiction — Spain acceding to ICSID Convention — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether ICSID Convention excluding any claim for foreign State immunity in proceedings for recognition and enforcement of an arbitral award594Jurisdiction — State immunity — Foreign States Immunities Act 1985 (Cth) — Spain acceding to ICSID Convention — Whether constituting submission to jurisdiction of Federal Court of Australia — Whether Spain entitled to plead foreign State immunity — Whether Federal Court of Australia having jurisdiction — The law of Australia

Micula and Others v. Government of Romania

2021 ◽  
Vol 196 ◽  
pp. 678-708
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Federal Courts ◽  
Sovereign Immunity ◽  
Content Type ◽  
State Immunity ◽  
Investment Treaty ◽  
Municipal Law ◽  
Arbitration Award

678Arbitration — Arbitration award — International Centre for Settlement of Investment Disputes (“ICSID”) — ICSID Convention, 1965 — Article 54 — Enforcement proceedings — Convention on the Settlement of Investment Disputes Act 1966 giving ICSID Convention domestic effect in United StatesJurisdiction — Subject matter jurisdiction over enforcement of an ICSID Award — Foreign Sovereign Immunities Act 1976 — Act of State doctrine — Foreign sovereign compulsion doctrine — Whether act of State doctrine or foreign sovereign compulsion doctrine barring enforcement of an ICSID AwardState immunity — Jurisdiction — Petition to enforce arbitration award — Foreign Sovereign Immunities Act 1976 — Exceptions to sovereign immunity — Arbitration exception — Romania’s agreement to arbitrate — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardTreaties — ICSID Convention, 1965 — Sweden–Romania Bilateral Investment Treaty, 2002 — Romania’s agreement to arbitrate — Romania acceding to European Union in 2007 — Whether Romania’s agreement to arbitrate nullified by Romania’s accession to European Union — Whether United States court having jurisdiction to enforce arbitration awardRelationship of international law and municipal law — Treaties — ICSID Convention, 1965 — Obligations of the State under ICSID Convention — United States law — Convention on the Settlement of Investment Disputes Act 1966 — Section 3 — Jurisdiction of federal courts to enforce an ICSID award whilst award subject of review by a foreign sovereign — The law of the United States

scholarly journals Recognition and Enforcement of Arbitration Awards in Kazakhstan

2018 ◽  
pp. 358-367
Keyword(s):  
Public Policy ◽  
New York ◽  
General Meeting ◽  
Civil Procedure ◽  
International Arbitration ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Republic ◽  
New York Convention

Arbitration, as an alternative way to resolve commercial disputes, has been used in Kazakhstan for more than twenty years. Arbitration Court is governed by Civil Procedure Code, The Law On Enactments and the Regulatory Resolution. The expansion of the list of documents in the Regulatory Resolution does not comply with the requirements of the New York Convention and therefore, the purpose of our study is to clarify it. The research institute of private law of the Caspian University together with Kazakhstan International Arbitration prepared proposals for making amendments and supplements to the Law On Arbitration and the CPC at the request of the Arbitration Chamber of Kazakhstan. Most of the proposals developed by us were approved and included in the Draft Law of the Republic of Kazakhstan On Amendments and Supplements to Certain Enactments of the Republic of Kazakhstan On Enhancing Protection of Title and Arbitration after discussion at the meetings of the General Meeting members of Arbitration Chamber of Kazakhstan. It was proposed to bringing in compliance with the New York Convention some paragraphs of the Art. 255 and the Art. 504 of CPC and a series of articles in the Law on arbitration. In this article also given answers to some questions of the arbitration court regarding corporate and marriage dispute, as well as an issue of contradiction public policy.

6 Conduct of the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Public Policy ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Regime ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
The Law ◽  
Arbitral Proceedings ◽  
Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

Captain Duff, the Sultan of Kelantan and Their Legacy in the Law of State Immunity and International Arbitration

2021 ◽  
Vol 37 (2) ◽  
pp. 463-481
Author(s):  
Lawrence Collins
Keyword(s):  
Colonial History ◽  
International Arbitration ◽  
State Immunity ◽  
House Of Lords ◽  
History Of ◽  
British Colonial ◽  
The Law

  The article links the 1927 decision of the House of Lords in Duff Development Co Ltd v Government of Kelantan to the history of Captain Duff in Kelantan and its place in British colonial history and its role in the modern law of state immunity and international arbitration.

Ogelegbanwei and Others v. President of Nigeria and Others

2019 ◽  
Vol 180 ◽  
pp. 524-534
Keyword(s):  
Human Rights ◽  
General Rule ◽  
State Immunity ◽  
Foreign State ◽  
The Law

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Enforcement of foreign judgments — Proceedings for registration of judgment against foreign State given by foreign State — Human rights — Whether State immunity applicable for human rights breaches — State Immunity Act 1978, Sections 1 and 5 — The law of England

scholarly journals The Influence of the Law of the Country of the Place of Enforcement of the Arbitral Award on the Settlement of Disputes in the International Commercial Arbitration

2020 ◽  
pp. 86-97
Author(s):  
Volodymyr NAHNYBIDA
Keyword(s):  
Public Policy ◽  
New York ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Arbitral Award ◽  
Opposing Party ◽  
Recognition And Enforcement ◽  
The Law ◽  
New York Convention ◽  
The Impact

The article examines the key aspects of the impact of the law of the place of enforcement of the arbitral award on arbitration and directly on the recognition and enforcement of arbitral awards, given the study of doctrinal positions, regulations and relevant case law. It was found out that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 refers to the procedural rules of the country of enforcement to settle matters inherent to the recognition and enforcement of foreign arbitral awards not governed by the Convention, establishing only basic and fairly simple formal requirements for the said procedure, which is one of the strong characteristics of the conventional regime of recognition and enforcement of arbitral awards. In light of this, it is concluded that such an approach is moderate and takes into account the impossibility and lack of practical necessity of unification at the international treaty level of procedural features of recognition and enforcement of arbitral awards, establishing only basic principles and requirements. It is substantiated that there are two components of the law of the place of enforcement of the arbitral award, which regulate the recognition and enforcement of arbitral awards within the relevant jurisdiction, namely substantive and procedural, which, however, are contained in single legal acts — mostly national arbitration laws. The author emphasizes the crucial role of the law of the place of enforcement of the arbitral award in the material and procedural aspects for the procedure of recognition and enforcement of arbitral awards within the relevant jurisdiction. It is concluded that the unification of material grounds for refusal of recognition and enforcement (in particular, non-arbitrability of the subject matter of the dispute and contradiction of the award to public policy as grounds that can be raised by the competent judicial authority at the place of enforcement ex officio, regardless of reference to them by opposing party), as well as the consolidation of basic procedural requirements and principles is carried out by the New York Convention of 1958, which leaves to the discretion of the national legislature, on the one hand, the settlement of minor aspects of the procedure, but, on the other hand, recognizes its full discretion in determining the limits of objective arbitrability, the content and specific filling of the category of international public policy applicable in the relevant jurisdiction. Keywords: arbitral award, international commercial arbitration, applicable law, arbitration process, public policy.

Re Review of Constitutionality of the Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation that has Not Entered into Legal Force

2021 ◽  
Vol 195 ◽  
pp. 374-386
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Vienna Convention ◽  
Content Type ◽  
Constitutional Review ◽  
Treaty Provision ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Law ◽  
The Republic

374Treaties — Ratification — Application — Treaty between Russia and Republic of Crimea on the Accession of the Republic of Crimea to Russia and on Forming New Constituent Entities within the Russian Federation, 2014 — Treaty not yet in force — Constitutional review of treaty as a prerequisite for ratification — Ratification necessary before international treaty can enter into force — Signature of Treaty by Russian President — Date of entry into force — Whether Treaty can be applied before entry into force — Vienna Convention on the Law of Treaties, 1969 — Procedure for signature, conclusion and enactment of Crimea Accession Treaty — Treaty provision content — Whether compatible with Constitution of Russian FederationRelationship of international law and municipal law — Treaties — Signature — Ratification — Application — Treaty between the Russian Federation and the Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Compatibility with Constitution of Russian Federation — Constitutional review of Treaty prerequisite for ratification — Article 128(3) of Constitution — Federal Constitutional Law on the Constitutional Court of the Russian Federation — Federal Constitutional Law on Accession to the Russian Federation and Establishment of a New Constituent Entity within the Russian Federation — Whether Treaty can be applied before entry into force — Vienna Convention on the Law of Treaties, 1969 — Procedure for signature, conclusion and enactment of Crimea Accession Treaty — Treaty provision content — Whether compatible with Constitution of Russian Federation — Effect of legal acts in new constituent territories — Integration of Russian legal systemTerritory — Acquisition — Accession — Accession of Republic of Crimea to Russian Federation — New constituent territories — Republic of Crimea — Federal city of Sevastopol — Treaties — Treaty between Russian Federation and Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Whether accession carried out in accordance with Constitution of Russian Federation — Whether accession carried out in accordance with Treaty — Whether accession carried out in accordance with federal constitutional laws — Whether 375Treaty compatible with Constitution — Procedure for future accessions — Legal status of constituent territories — Regulation of State border — Integrity and inviolability of Russian territory — Constitutional values — Citizenship — Transition period — Military service — Elections — Effect of legal acts in new constituent territoriesNationality — Citizenship — Stateless persons — Crimea acceding to Russian Federation — New constituent territories of Russian Federation — Republic of Crimea — Federal city of Sevastopol — Ukrainian citizens and resident stateless persons at time of accession — Automatic Russian citizenship — Option to retain existing citizenship — Article 5 of Treaty between Russian Federation and Republic of Crimea on the Accession of the Republic of Crimea to the Russian Federation and on Forming New Constituent Entities within the Russian Federation, 2014 — Whether compatible with Constitution of Russian Federation — The law of the Russian Federation

3 Applicable Laws

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Rules ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Substantive Law ◽  
Guidelines And Recommendations ◽  
Governing Law

This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice: the law governing the arbitration agreement and the performance of that agreement; the law governing the existence and proceedings of the arbitral tribunal (the lex arbitri); the law, or the relevant legal rules, governing the substantive issues in dispute (generally described as the ‘applicable law’, the ‘governing law’, ‘the proper law of the contract’, or ‘the substantive law’); other applicable rules and non-binding guidelines and recommendations; and the law governing recognition and enforcement of the award.

1 An Overview of International Arbitration

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Ad Hoc ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Recognition And Enforcement ◽  
Key Issues ◽  
The Law

This chapter gives an ‘overview’ of the law and practice of international arbitration. It begins with the parties’ agreement to arbitrate, and the laws and treaties that provide for enforcement of such agreements both nationally and internationally. It looks at the complications that arise when more than two parties to the dispute are involved, and at the contemporary problems of joinder of parties and consolidation of arbitrations. The chapter then considers whether to choose ad hoc or institutional arbitration, how to establish an arbitral tribunal, challenges to arbitrators, and the powers and duties of arbitrators. It also gives an overview of the key issues that are dealt with in the following chapters, including the conduct of an arbitration, challenges to arbitral awards, and the recognition and enforcement of such awards.

scholarly journals THE IMPLEMENTATION OF INTERNATIONAL ARBITRATION DECISIONS IN INDONESIA AND SOME FOREIGN COUNTRIES

Yuridika ◽  
2019 ◽  
Vol 34 (1) ◽  
pp. 116
Author(s):  
Panusun Harahap
Keyword(s):  
New York ◽  
Good Faith ◽  
District Court ◽  
International Arbitration ◽  
Arbitral Award ◽  
Foreign Countries ◽  
Multilateral Agreements ◽  
Recognition And Enforcement ◽  
New York Convention ◽  
Arbitration Award

An international arbitration award handed down in a territory of a given country may be applied for in another territory, provided that it is a party to the 1958 New York Convention on the Recognition and Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and between those countries there are bilateral or multilateral agreements on the recognition and execution of international arbitration decisions. An arbitral award, as well as a judge's verdict may actually be voluntary by the loser or debtor. If the verdict has been executed in good faith by the losing party, or in other words his accomplishments have been met with good faith, then the problem is solved. It is not uncommon, however, that although the verdict is already in place, the losing party does not want to execute the verdict voluntarily. In this case the winning party or the creditor may submit an application to the Chairman of the Central Jakarta District Court for the international arbitration award to be executed by force (execution forcee).

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