Cape Verde, through Resolution 26 / IX / 2017 of 7 February, approved its accession to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), becoming the 158th contracting State to the New York Convention. Following its ratification, on 22 March 2018, the Secretary-General of the United Nations confirmed […]
Resisting the Enforcement of Arbitral Awards: Article V(1)(a) of the New York Convention
According to Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), courts of a Contracting State have the obligation to recognize and enforce an arbitral award. However, it must be borne in mind that the latter have the possibility of refusing the recognition and execution […]
Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)
In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]
Formal Requirements an Arbitration Award Must Satisfy to Be Enforceable in England and Wales: Anthony Lombard-Knight v Rainstorm [2014] EWCA Civ 356
This case concerns the formal requirements that an arbitration award must satisfy in order to be enforceable in England and Wales under the New York Convention of 1958 and the Arbitration Act 1996. Those instruments require that an arbitration award be duly authenticated or that its copy be duly certified. This case concerns the meaning […]
ENFORCEMENT OF AN ANNULLED ARBITRATION AWARD: SOCIETE PT PUTRABALI ADYAMULIA v. RENA HOLDING French Court of Cassation (2007)
The case Société PT Putrabali Adyamulia v Société Rena Holding et Société Moguntia Est Epices is one of the French landmark cases concerning the enforcement of an arbitral award in France, where the enforcement of an annulled arbitration award is possible. In the case, Putrabali sold a cargo of white pepper to Rena Holding. The […]