Recognition and Enforcement of Foreign Court Decisions in Colombia

2021 ◽  
pp. 213-220
Author(s):  
Michael Stöber
Keyword(s):  
Court Decisions ◽  
Recognition And Enforcement

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

PROBLEMS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN INTELLECTUAL PROPERTY DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 232-251
Author(s):  
N.A. SHEBANOVA
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Real Space ◽  
Court Decision ◽  
The Internet ◽  
Intangible Asset ◽  
Court Decisions ◽  
Recognition And Enforcement ◽  
Intellectual Property Infringement

Intellectual property is significant intangible asset, having which gives his owner undeniable advantage on the market. The increase in the number of cross-border transactions with intellectual property objects has led to an increase in the number of disputed in the field of intellectual property complicated by a foreign element. The purpose of this research is to assess the prospects of the recognition and enforcement of a foreign court decision made in a dispute over intellectual property rights. The author pays attention to traditional problems related to the recognition and execution of foreign court decisions, emphasising that these same problems are common for decisions made with respect to intellectual property rights disputes, if those disputes took place in real space. However, the situation is getting worse is the violation of rights occurred in the Internet space. Emphasising that the fundamental prerequisite for the recognition and enforcement of a foreign court decision is the determination of the jurisdiction of the court, the author analyses the approaches developed by WIPO and individual states to determining the appropriate court competent to consider disputes over intellectual property infringement in the Internet space. The article pays special attention to the limits of action of judicial acts handed down in such disputes. As an illustration of the relevance and complexity of problems related to the recognition and execution of foreign court decisions on intellectual property infringement in the Internet space, the article analyses the case Google v. Equustek.

scholarly journals Public Policy as Ground for Refusal of International Arbitral Awards - A Comparison Between Different Judicial Practices

2016 ◽  
Vol 9 (10) ◽  
pp. 81
Author(s):  
Sormeh Bouzarjomehri ◽  
Eisa Amini
Keyword(s):  
Public Policy ◽  
New York ◽  
International Trade ◽  
Court Decisions ◽  
International Arbitration ◽  
The Public ◽  
Arbitration Process ◽  
Important Challenge ◽  
Recognition And Enforcement ◽  
New York Convention

<p>The New York Convention is considered as the main pillar of the international arbitration and the most effective transnational legal instrument in international trade. But the most important challenge that the Convention is facing is a uniform application by the Member States. Article V of the Convention containing several grounds for refusal of recognition and enforcement of arbitral awards, could be deemed as an obstacle to achieve this goal. The most controversial ground is the public policy that affects the uniform application of the Convention and the predictability of the arbitration process. Then the lack of a definition for public policy has opened the door for different interpretations in different countries.</p><p>The questions that the paper at hand deals with are the following: What are the consequences for the lack of a definition for the public policy ground in the New York Convention? Is it necessary to revise the New York Convention to address this issue?</p>In order to answer these questions, the paper at hand will present some court decisions in order to elaborate the mentioned challenge and find an appropriate solution.

scholarly journals Public policy rule as a ground for refusing in recognition and enforcement of international commercial arbitration awards in china mainland

2021 ◽  
pp. 251-257
Author(s):  
Qiu Xicheng
Keyword(s):  
Public Policy ◽  
Public Interest ◽  
Mainland China ◽  
Court Decisions ◽  
Policy Rule ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The Public ◽  
Recognition And Enforcement ◽  
China Mainland

In China, public policy is commonly defined as “social and public interest” or “public interest”, the understanding and boundaries of which are rather vague, which gives the court more a broad discretion in applying the public policy rule. The article examines the content and development of public order in the legislation of China. The author analyses the practice of application the public policy rule in China and provides statistical data about the ground for refusal of Chinese courts to enforce international commercial arbitration awards based on the information obtained from public databases containing Chinese court decisions. The author also provides examples of court decisions denying recognition and enforcement of foreign arbitration awards in mainland China and summarizes the rules for application by the Chinese people’s courts of the public policy rule, established in judicial decisions, and the tendencies in the development of China’s approach towards international commercial arbitration.

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