Tag Archives: enforcement

Enforcing a “binding” but not “final” decision of a dispute adjudication board (DAB) under the FIDIC Conditions of Contract for Construction 1999 (Red Book)

On 27 May 2015, the Singapore Court of Appeal held that a failure by a party to comply promptly with a decision of a Dispute Adjudication Board (DAB) may be directly referred to arbitration. The resulting award is enforceable as an interim or partial award under the Singapore International Arbitration Act, irrespective of the award […]

Paris Court of Appeal: Corruption and violation of international public policy

Paris, 1st Division, 1st Chamber, 14 October, n°13/03410 On 14 October 2014, the Paris Court of Appeal ruled an application to set aside an award for violation of international public policy due to allegations of corruption. In this case, between 1984 and 1987, the Republic of Congo had concluded several public works contracts and contracts […]

English Commercial Court declines enforcement of an award under the New York Convention using the doctrine of issue estoppel

In a judgment dated 22 May 2014, the Commercial Court of England and Wales refused enforcement of an award under the New York Convention using the doctrine of issue estoppel which prevents an issue that has already been litigated on the merits from being litigated a second time. We understand that this is the first […]

UK: Conditional award admitted as final award

Konkola Copper Mines vs U&M Mining Zambia Ltd, [2014] EWCH 2374 (Comm) On 15 July 2014, the Commercial Court of the High Court of Justice in London rejected applications made under Sections 67 and 68 of the Arbitration Act to challenge an award rendered in an arbitration between U&M Mining Zambia Ltd (“U&M”) and Konkola […]

Arbitration and corruption – Honeywell International Middle East Limited v. Meydan Group LLC (formerly known as Meydan LLC), [2014] EWHC 1344 (TCC)

On 30 April 2014, the High Court of London dismissed an application to set aside an order previously given to enforce an award issued on 1 March  2012, under the rules of the Dubai International Arbitration Centre (“DIAC”), which awarded approximately £12.6 million to Honeywell, a diversified international technology company incorporated in Bermuda, against Meydan, […]

Qatar – Update: The Qatar Court of cassation applies the New York Convention

We recently reported on a judgment of the Qatar Court of Cassation, wherein the Court applied the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards to reinstate an ICC award rendered in Doha, which has not been issued in the name of this Highness the Emir of Qatar (see our […]

Only a “final” award may be enforced, notwithstanding how the arbitral tribunal has characterized it

French Cour de cassation, First Civil Chamber, 5 March 2014, No. 12-29.112 In this case, the company Diag Human SE supplied human plasma to the Czech Republic Ministry of Health. Following a financial dispute which had arisen between the parties, the latter decided to enter into an ad hoc arbitration agreement on 18 September 1996 […]