Arbitral Award under The Arbitration and Conciliation Act Part 4
ARBITRATION AWARD
Arbitral Award: Know The Basics
Arbitration award sample
Arbitration Award Form
Enforcement of Arbitral Award
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Recourse against Arbitral award
SET ASIDE AN ARBITRAL AWARD IN TAMIL // ALTERNATIVE DISPUTES RESOLUTION SYSTEMS IN TAMIL
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Assignment of arbitral awards
Assignment of arbitral awards. You have won an award, and you are now facing the prospect of enforcing it. Perhaps the award debtor is a special purpose company, with no assets of its own, or it is located in a "difficult" jurisdiction. It might be that the award debtor is a sovereign state that refuses to pay for political or similar reasons.
PDF Drafting Arbitral Awards Part I _ General
drafting arbitral awards. It is divided into three parts dealing with (1) arbitral awards in general, (2) awards of interest,1 and (3) awards of costs.2 2. Part I of this Guideline provides guidance on: i. how to draft and communicate arbitral awards (Article 1); ii. the titles that are most commonly used (Article 2);
The Arbitral Award: Form, Content, Effect
Form of the award. Under most arbitration laws and particularly under the NYC (as well as under the Model Law), an arbitral award should be in writing. [34] In other words, an oral announcement of the tribunal's decision would - other than with court judgments in many jurisdictions - not qualify as an award.
Assignment of arbitral awards
A practice note considering the reasons an award creditor may wish to monetise an arbitral award (whether arising from a commercial or investment treaty arbitration) and the different avenues available to them for doing so, with a focus on assignment or sale of awards. It also addresses issues that may arise in certain jurisdictions when enforcement of the award is sought by a third-party ...
PDF Toolkit for Award Writing
Chapter 4: Content of the Award 32 4.1 Mandatory requirements 32 4.2 Administrative or procedural contents 33 4.3 Type of award 34 4.4 Procedural history 34 4.5 Basis of jurisdiction 35 4.6 Parties' requests for relief and identification of issues 35 4.7 Factual summary 36 4.8 Summary of claims/submissions 36 4.9 Applicable laws and procedural rules 37 4.10 The arbitral tribunal's reasons ...
Explaining Assignments of Arbitration Agreements
Abstract. The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply in practice.
Exploring the concept of arbitral awards under the New York Convention
The arbitral award is undisputedly the most powerful legal document today, considering that no court may review it on its merits and is enforceable almost anywhere in the world through the streamlined system of the New York Convention on Recognition and Enforcement of Foreign Awards (1958) (hereafter New York Convention) (Hill, 2018; Kirby, 2014). ...
PDF 2 The Award must generally be in writing
Practice Guideline 18: Guidelines for Arbitrators on the Formalities for Drafting an Arbitral Award. 1 Introduction 1.1 In order to be effective and enforceable every arbitral award should comply with appropriate formalities, which will vary in accordance with the terms of the relevant arbitration agreement and the applicable procedural law.
PDF The Guide to Challenging and Enforcing Arbitration Awards
The second is that, unlike court judgments, arbitral awards benefit from a series of inter-national treaties that provide robust and effective means of enforcement. Unquestionably, the most important of these is the 1958 New York Convention, which enables the straight-forward enforcement of arbitral awards in 166 countries (at the time of writing).
Assignment of arbitral claims and arbitral awards: uncertain legal
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the ...
Assignment of arbitral awards: The what, how and why
Assigning arbitral awards to third parties may enable companies to accelerate payment. Join speakers from Freshfields, Airbus and Burford Capital as they discuss the growing trend of award monetization in the EU, review the process to do so, reflect on the complexities of navigating assignment in different jurisdictions and discuss legal and ...
Arbitral Awards and Decisions
The finality of arbitral awards, one of the basic characteristics of arbitration, provides a guarantee for the rapid resolution of disputes between the parties. ... The Beijing Third Intermediate People's Court held that Goldstone changed its claims to terminate the Debt Assignment Agreement and the supplementary agreement. The arbitral ...
Article 31
Article 31 is typically associated with the formalities of arbitral awards. Given that this is the first time in the Model Law that significant - as opposed to mere passing - reference is made to the award, it is necessary to examine the legal nature of awards. The travaux to the 1986 version of the Model Law does not demonstrate ...
Assignment Without Privity: Disposal of Investment Claims
The assignment of international arbitral awards, including awards issued against States, is not unusual. Energoinvest, for example, assigned to FG Hemisphere its interests in two Awards against the Democratic Republic of Congo. Assignments may be structured in different ways. For example, an assignment may consist in a complete sale of the ...
Awards: Challenges
Having secured an arbitral award in its favour, the prevailing party might reasonably expect the other party to comply with the award voluntarily. Indeed, statistics, commentaries and experience bear witness to a relatively high degree of voluntary compliance with arbitral awards. One of the attractions of international arbitration, after all ...
In Quest of Collection: Assignment of Arbitral Awards under ...
What follows is a discussion of the matter under Turkish Law. 1. Validity and Effects of Assignment. Turkish law does not specifically regulate assignment of arbitral awards. We therefore turn for ...
Assignment of Arbitration Agreements • Aceris Law
The assignment of an arbitration agreement begs the question of the applicable law to its assignment. Such a determination may be made by the pertinent State court or the arbitral tribunal. Depending on whether the case is brought before a State judge or arbitrators, the conflict of law analysis may vary. [5]
Reports of International Arbitral Awards
At the time of the preparation of the first volume of RIAA in 1948, the decision was made to exclude arbitral awards contained in highly authoritative collections which were easily accessible at the time. However, with the passage of time, the accessibility of the awards in these collections has diminished since many of them are out of print ...
Assignment in Arbitration: Scope and Issues in India
The Calcutta High Court in Hindustan Steel Works Construction Ltd. v. Bharat Spun Pipe Co., AIR 1975 Cal 8, while deciding the application for setting aside an arbitral award, discussed the scope of assignment and held that the correct position in law seems to be that whether the contract is assignable or not depends upon the nature of the ...
Assignment In Arbitration: Scope And Issues In India
The Calcutta High Court in Hindustan Steel Works Construction Ltd. v. Bharat Spun Pipe Co., AIR 1975 Cal 8, while deciding the application for setting aside an arbitral award, discussed the scope of assignment and held that the correct position in law seems to be that whether the contract is assignable or not depends upon the nature of the ...
Rights under an arbitral award are assignable
The rights under an award, the Court said, are a chose in action and therefore assignable. The assignment of the benefits of the Award was effective, the Court held, and the Applicant was a successor to the rights of the Bank under the Award. The Debtor's application was therefore dismissed. Key Contacts
Court confirms difficulty in overturning recognition and ...
Circumstances surrounding the arbitral award. In April 2021, the sole arbitrator issued the arbitral award, pursuant to which Mr. Wires' claims were dismissed.
Assignment of Benefits of Arbitral Awards: Problematic Enforcement in
Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an ...
Analysis of an award under Arbitration Act
An award can be contested under Section 34 of the Arbitration Act by filing a court application to set aside the Award on the following grounds based on the Arbitral tribunal's record: The arbitral Award decided on a dispute outside the scope of the reference to arbitration or contains decisions outside the scope of the submission to ...
Section 19:31-23.13
Section 19:31-23.13 - Assignment of rights of incentive award agreement (a) A developer who has entered into an incentive award agreement pursuant to section 60 at P.L. 2020, c. 156 (N.J.S.A. 34:1B-328) may, upon notice to and written consent of the Authority and State Treasurer, pledge, assign, transfer, or sell any or all of its right, title, and interest in, and to, the incentive award ...
Section 19:31-23A.13
Section 19:31-23A.13 - Assignment of rights of incentive award agreement (a) A developer who has entered into an incentive award agreement pursuant to N.J.S.A. 34:1B-328 may, upon notice to and written consent of the Authority and State Treasurer, pledge, assign, transfer, or sell any or all of its right, title, and interest in, and to, the incentive award agreement and in the incentive awards ...
Indian Supreme Court Sets Aside Arbitral Award for "Grave ...
The arbitration award at issue in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt. Ltd, 2024 INSC 292, was issued in 2017 by an Indian-seated arbitral tribunal and has been the ...
IMAGES
VIDEO
COMMENTS
Assignment of arbitral awards. You have won an award, and you are now facing the prospect of enforcing it. Perhaps the award debtor is a special purpose company, with no assets of its own, or it is located in a "difficult" jurisdiction. It might be that the award debtor is a sovereign state that refuses to pay for political or similar reasons.
drafting arbitral awards. It is divided into three parts dealing with (1) arbitral awards in general, (2) awards of interest,1 and (3) awards of costs.2 2. Part I of this Guideline provides guidance on: i. how to draft and communicate arbitral awards (Article 1); ii. the titles that are most commonly used (Article 2);
Form of the award. Under most arbitration laws and particularly under the NYC (as well as under the Model Law), an arbitral award should be in writing. [34] In other words, an oral announcement of the tribunal's decision would - other than with court judgments in many jurisdictions - not qualify as an award.
A practice note considering the reasons an award creditor may wish to monetise an arbitral award (whether arising from a commercial or investment treaty arbitration) and the different avenues available to them for doing so, with a focus on assignment or sale of awards. It also addresses issues that may arise in certain jurisdictions when enforcement of the award is sought by a third-party ...
Chapter 4: Content of the Award 32 4.1 Mandatory requirements 32 4.2 Administrative or procedural contents 33 4.3 Type of award 34 4.4 Procedural history 34 4.5 Basis of jurisdiction 35 4.6 Parties' requests for relief and identification of issues 35 4.7 Factual summary 36 4.8 Summary of claims/submissions 36 4.9 Applicable laws and procedural rules 37 4.10 The arbitral tribunal's reasons ...
Abstract. The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply in practice.
The arbitral award is undisputedly the most powerful legal document today, considering that no court may review it on its merits and is enforceable almost anywhere in the world through the streamlined system of the New York Convention on Recognition and Enforcement of Foreign Awards (1958) (hereafter New York Convention) (Hill, 2018; Kirby, 2014). ...
Practice Guideline 18: Guidelines for Arbitrators on the Formalities for Drafting an Arbitral Award. 1 Introduction 1.1 In order to be effective and enforceable every arbitral award should comply with appropriate formalities, which will vary in accordance with the terms of the relevant arbitration agreement and the applicable procedural law.
The second is that, unlike court judgments, arbitral awards benefit from a series of inter-national treaties that provide robust and effective means of enforcement. Unquestionably, the most important of these is the 1958 New York Convention, which enables the straight-forward enforcement of arbitral awards in 166 countries (at the time of writing).
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the ...
Assigning arbitral awards to third parties may enable companies to accelerate payment. Join speakers from Freshfields, Airbus and Burford Capital as they discuss the growing trend of award monetization in the EU, review the process to do so, reflect on the complexities of navigating assignment in different jurisdictions and discuss legal and ...
The finality of arbitral awards, one of the basic characteristics of arbitration, provides a guarantee for the rapid resolution of disputes between the parties. ... The Beijing Third Intermediate People's Court held that Goldstone changed its claims to terminate the Debt Assignment Agreement and the supplementary agreement. The arbitral ...
Article 31 is typically associated with the formalities of arbitral awards. Given that this is the first time in the Model Law that significant - as opposed to mere passing - reference is made to the award, it is necessary to examine the legal nature of awards. The travaux to the 1986 version of the Model Law does not demonstrate ...
The assignment of international arbitral awards, including awards issued against States, is not unusual. Energoinvest, for example, assigned to FG Hemisphere its interests in two Awards against the Democratic Republic of Congo. Assignments may be structured in different ways. For example, an assignment may consist in a complete sale of the ...
Having secured an arbitral award in its favour, the prevailing party might reasonably expect the other party to comply with the award voluntarily. Indeed, statistics, commentaries and experience bear witness to a relatively high degree of voluntary compliance with arbitral awards. One of the attractions of international arbitration, after all ...
What follows is a discussion of the matter under Turkish Law. 1. Validity and Effects of Assignment. Turkish law does not specifically regulate assignment of arbitral awards. We therefore turn for ...
The assignment of an arbitration agreement begs the question of the applicable law to its assignment. Such a determination may be made by the pertinent State court or the arbitral tribunal. Depending on whether the case is brought before a State judge or arbitrators, the conflict of law analysis may vary. [5]
At the time of the preparation of the first volume of RIAA in 1948, the decision was made to exclude arbitral awards contained in highly authoritative collections which were easily accessible at the time. However, with the passage of time, the accessibility of the awards in these collections has diminished since many of them are out of print ...
The Calcutta High Court in Hindustan Steel Works Construction Ltd. v. Bharat Spun Pipe Co., AIR 1975 Cal 8, while deciding the application for setting aside an arbitral award, discussed the scope of assignment and held that the correct position in law seems to be that whether the contract is assignable or not depends upon the nature of the ...
The Calcutta High Court in Hindustan Steel Works Construction Ltd. v. Bharat Spun Pipe Co., AIR 1975 Cal 8, while deciding the application for setting aside an arbitral award, discussed the scope of assignment and held that the correct position in law seems to be that whether the contract is assignable or not depends upon the nature of the ...
The rights under an award, the Court said, are a chose in action and therefore assignable. The assignment of the benefits of the Award was effective, the Court held, and the Applicant was a successor to the rights of the Bank under the Award. The Debtor's application was therefore dismissed. Key Contacts
Circumstances surrounding the arbitral award. In April 2021, the sole arbitrator issued the arbitral award, pursuant to which Mr. Wires' claims were dismissed.
Assignment of benefits of arbitral awards is a standard business practice worldwide, undertaken by companies involved in international trade and supported by credit insurers. However, this practice may face some obstacles in Ukraine considering contradictory and poorly developed court practice of granting leave for enforcement upon an ...
An award can be contested under Section 34 of the Arbitration Act by filing a court application to set aside the Award on the following grounds based on the Arbitral tribunal's record: The arbitral Award decided on a dispute outside the scope of the reference to arbitration or contains decisions outside the scope of the submission to ...
Section 19:31-23.13 - Assignment of rights of incentive award agreement (a) A developer who has entered into an incentive award agreement pursuant to section 60 at P.L. 2020, c. 156 (N.J.S.A. 34:1B-328) may, upon notice to and written consent of the Authority and State Treasurer, pledge, assign, transfer, or sell any or all of its right, title, and interest in, and to, the incentive award ...
Section 19:31-23A.13 - Assignment of rights of incentive award agreement (a) A developer who has entered into an incentive award agreement pursuant to N.J.S.A. 34:1B-328 may, upon notice to and written consent of the Authority and State Treasurer, pledge, assign, transfer, or sell any or all of its right, title, and interest in, and to, the incentive award agreement and in the incentive awards ...
The arbitration award at issue in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt. Ltd, 2024 INSC 292, was issued in 2017 by an Indian-seated arbitral tribunal and has been the ...