ENFORCING FOREIGN ARBITRAL AWARDS EFFECTIVELY IN GERMANY

by Carsten Grau and Vanessa blechschmidt, Hamburg

A recent decision of the OLG (High Court) in Frankfurt has clarified the requirements for the beneficiary of a foreign arbitration award to obtain an order for preliminary enforcement of the award against the assets of the losing party in Germany.

The preliminary enforcement order, which can be obtained without notice to the debtor, allows the amount of the arbitration award to be secured while the main enforcement proceedings take place.
For our readers, we have prepared a brief overview of this issue. Please read it here.

CHINESE COURT CONFIRMS ENFORCEABILITY OF HONG KONG ARBITRAL AWARDS ON MAINLAND

by May ng and Kitty Chan, Hong Kong

China’s Supreme People’s Court has published the “Notice Concerning Questions Related to the Enforcement of Hong Kong Arbitral Awards in the Mainland” (the “Notice”), which clarifies that ad hoc and institutional arbitration awards made in Hong Kong are enforceable in mainland China, subject to certain specific grounds for refusal.

The long-awaited clarification, issued on 31 December 2009, arises out of a formal arrangement entered into between Hong Kong and the People’s Republic of China in 2000, through which Hong Kong and China agreed to the reciprocal enforcement of arbitration awards. Despite this arrangement, until the issue of the Notice there was some doubt regarding the enforcement of arbitration awards obtained under the rules of international institutions.

The Notice is likely to mean that parties can now select Hong Kong as a seat for international arbitrations with confidence that an eventual award can be enforced against counterparties in mainland China.

Please read our brief overview of this Notice here.

WITNESS CONFERENCING IN INTERNATIONAL ARBITRATION

by andrew P. Valentine, silicon Valley

The landscape around how international arbitration tribunals want witness testimony presented at hearings is changing. With increasing frequency, international arbitrators are turning to “witness conferencing,” both to speed up the process and to compartmentalise issues. To learn more about witness conferencing, please click here.

THE CEDR COMMISSION ON SETTLEMENT IN INTERNATIONAL ARBITRATION: NEW RULES

The CEDR Commission on Settlement in International Arbitration has produced new CEDR Rules for the Facilitation of Settlement in International Arbitration after a two-year consultation period.

To review the rules, please visit here.

london Chartered institute of arbitrators opens branch in india

The Chartered Institute of Arbitrators (CIArb) has opened a branch in New Delhi. CIArb-India will promote the use of alternative dispute resolution in India, with the aim of expediting dispute resolution. The Delhi High Court has also opened a new arbitration centre this month, which will aim to reduce the number of pending arbitration cases in India.

Click here to read a news report on this event.

aaa increases fees for arbitrations under standard fee schedule

The American Arbitration Association has increased its fees for cases arbitrated under its standard fee schedule with effect from 1 January 2010.

Visit this page on the AAA website to see a list of the rules that are affected by the increases and the new fee schedules associated with each set of rules.

new sCC rules on emergency arbitrators

The board of directors of the Stockholm Chamber of Commerce adopted a proposal for the appointment of emergency arbitrators on 9 December 2009. The new rules came into force on 1 January 2010 and will allow parties to request interim measures before the appointment of a tribunal.

Click here to see coverage of the new rules.

UPCOMING EVENTS

13th annual iba international arbitration Conference

The International Bar Association is holding its 13th annual arbitration conference on 4–5 March 2010 at the Lancaster London Hotel, London. Topics to be covered include essential and non-essential elements of the arbitration agreement, pathological clauses, states’ consent to arbitration, non-signatories’ consent to arbitration and courts’ interference with the parties’ agreement to arbitrate.

Click here for the programme and to register online.

Investment treaty law and arbitration: evolution and revolution in substance and Procedure

This University of Sydney Law School Conference will be held on 19–20 March 2010 and will explore controversial issues in contemporary investment treaty law and practice, including emerging issues in the nature of investment treaties, evolving jurisprudential trends and intersections with international commercial arbitration, trade regulation, environmental issues and foreign investment in Asia.
Click here for further information, and here to register online.

Sixth annual leading arbitrators’ symposium on the Conduct of international arbitration

The sixth Annual Leading Arbitrators’ Symposium on the Conduct of International Arbitration will take place on 29 March 2010 at the Grand Hotel, Vienna. The first three sessions will each address one stage of the arbitral process: pre-hearing activities, the hearing itself and the process of getting from the hearing to a final award. The final session will involve a review of hot topics and trends in international arbitration around the world.

Click here for further information and to register:

Do not pass go: Jurisdictional and other objections available to respondent state

This conference, the Fourteenth Investment Treaty Forum Public Conference (organised by the British Institute of International and Comparative Law) will be held on 7 May 2010 in London. The conference will consider significant developments in recent decisions on jurisdiction by investment treaty tribunals, including illegality, fraud and other instances of an investor’s misconduct, piercing the corporate veil, unmeritorious and abusive claims, restrictive dispute resolution provisions and the ongoing debate about types of investments that should not benefit from treaty protection.

Click here for further information.

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LINK EN: http://www.usubc.org/reports/Int_Arbitration_ Newsletter_Q1_2010_ENG.pdf
LINK RU: http://www.usubc.org/reports/Int_Arbitration_ Newsletter_Q1_2010_RUS.pdf
LINK UA: http://www.usubc.org/reports/Int_Arbitration_ Newsletter_Q1_2010_UKR.pdf

LINK EN: http://www.usubc.org/reports/International_Arbitration _Brochure_ENG.pdf
LINK UA: http://www.usubc.org/reports/International_Arbitration _Brochure_UKR.pdf.pdf