The annulment of an arbitration award by a foreign jurisdiction is not a ground for refusing the enforcement of arbitration awards in France. The constant position of the French courts on the enforcement of foreign arbitration awards has been recalled by the Tribunal de Grande Instance d’Every in a decision of 10 February 2017, reproduced […]
Provisional Measures in ICSID Investment Arbitration
The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]
Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law
The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]
S SpA v. T GmbH, Oberster Gerichtshof, Case No. 180Cg1/15v, 23 June 2015
This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law. The facts are as follows: a German consultant signed a contract for service with S SpA, an Italian company, for the sale of heat exchangers. This contract was […]
Sales Representative (Iraq) v. Manufacturer (France), ICC Case No. 16684, Final Award (2012)
This ICC arbitral award concerns the notion of estoppel and a Representation Agreement between the parties, and whether a contract was valid and enforceable despite a United Nations embargo, with respect to a contract under Swiss law. While the contract was being performed, an Iraq embargo was ordered by the United Nations following the invasion […]