Recognition of Foreign Judgments in the United States (VIDEO)
In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more
A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more
In a significant decision, on 23 October 2023 the English Commercial Court (Knowles J) set aside a US$11 billion arbitration award obtained by a BVI-incorporated company against the Federal Republic of Nigeria arising from a...more
In this episode, Declan Gallivan (Senior Disputes Associate in London) speaks with Florian Haugeneder (Founder and Partner of Austrian law firm KNOETZL) to discuss a simple spelling mistake which ultimately led to an...more
A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts. The United Arab Emirates (UAE) and English governments have never entered into a...more
Whilst the Arbitration Act 1996 (the Act) may be 25 years old this year, the key aims behind the Act, including that of upholding the finality of the award, continue to be reinforced by the courts. Last week the Courts and...more
The Hague Convention on Choice of Court Agreements (The Hague Convention) enables global judgment enforcement. It has been ratified by 32 States. Among them are all EU member states, the United Kingdom, Singapore, and Mexico....more
On 23 December 2020, the Abu Dhabi Global Market (the "ADGM") enacted Amendment No. 1 of 2020 to the ADGM Arbitration Regulations 2015 (the "Arbitration Regulations"). The amendments to the Arbitration Regulations reflect the...more
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more
In the context of the rapid spread of the novel coronavirus (“COVID-19”), French President Emmanuel Macron announced on 16 March 2020 a 15-day confinement of the population effective as of noon the following day. It is widely...more
This article sets out a brief overview of the legal system in the Kingdom of Saudi Arabia and should be treated only as a general guide and not as legal advice. If you require advice on a matter relating to Saudi Arabian law,...more
The United Arab Emirates has introduced further reforms regulating the enforcement of foreign arbitral awards. In the last year, the UAE has taken a significant step towards aligning the UAE's arbitration laws with...more
The last decade has been transformative for the dispute resolution landscape in the UAE. The key business centres that are Dubai and Abu Dhabi have made, and continue to make, convincing moves towards their development as...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more
On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV. The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more
Charles Adams, the leader of Orrick’s International Arbitration & Dispute resolution team, recently spoke with Law360 regarding international arbitration cases to watch in 2018. Charles gave his thoughts on the continuation...more
The British High Court of Justice recently decided not to enforce an arbitral award in a dispute over the calculation of the purchase price of a Russian metallurgical company where a Russian court set aside that award and...more
You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the...more
The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more