Tag Archives: New York Convention

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. By Oliver E. Browne and Samuel Pape The English Court of Appeal has confirmed the enforcement of a China International Economic and Trade Arbitration Commission (CIETAC) award rendered in Beijing, … Continue Reading

Case of Insecurity? Supreme Court Explains the Limits to Orders for Security when Resisting Enforcement of a Foreign Award Under the New York Convention.

By Philip Clifford and Robert Price On 1 March 2017 the Supreme Court[1] overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting enforcement of a Nigerian arbitral award made in favour of IPCO (Nigeria) Limited … Continue Reading

Why is it important to choose the right seat of the arbitration?

By Robert Price Selecting the right seat for an arbitration is critical. The courts at the seat of the arbitration can affect the arbitral process in a number of ways, including the following Support or intervention Jurisdictions which are pro-arbitration generally allow the parties a high degree of procedural autonomy. For example, if the courts … Continue Reading