19 Dec 2018
1. A claimant who has obtained a favourable New York Convention award against a respondent with assets in England and Wales will obtain leave, ex parte and without a hearing, to enforce the award pursuant to section 101 of the Arbitration Act 1996. Under CPR 62.18(9) the respondent will be granted a period of time within which to apply to set aside the order. If such an application is made, the award cannot then be enforced until that application has been “finally disposed of”.
2. An unscrupulous respondent who is determined to try to avoid payment at all costs will search through section 103 of the Act for some basis to resist enforcement. Such a respondent may have little hope of ultimately succeeding, but may wish to delay the enforcement process for as long as possible, perhaps while other steps are taken to make enforcement more difficult.
3. The respondent may allege that the award was obtained by fraud, or some other unconscionable con
20 Mar 2019Introduction to International Arbitration course in Sri Lanka
Introduction to International Arbitration course will take place on 30 April 2019 in Sri Lanka.
19 Mar 2019London Branch Seminar: The Use of ADR in Professional Indemnity Claims
On 14 February 2019, the London Branch held a seminar on ADR in the Professional Indemnity sector.
18 Mar 2019Forthcoming courses in Australia
CIArb Australia Branch is delighted to offer two courses which will take place in May and June 2019. The first one is an Introduction To International Arbitration in Perth and the second is an Accelerated Route Toward Fellowship (ARF) in Sydney.