Recognition and Challenge of Arbitral Awards

Alongside the representation of clients in international commercial arbitrations we also provide legal services on the recognition of arbitral awards in those states where the award-debtors are registered or where their assets are located. Most frequently, the recognition proceedings are based on one of the most successful international legal instruments – the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).

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"Our lawyers have been involved in the successful recognition of over 18 international arbitral awards in different jurisdictions"
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Throughout the years from when the New York Convention came into force the arbitration and judicial community has developed extensive practice in its application which is relatively uniform on several key issues (in particular, on the prohibition of revisiting merits of an arbitral award). Despite the aforesaid uniformity the recognition of each arbitral award requires taking into account case law and procedural particularities of a jurisicdiction where such recognition is sought.

Our lawyers have been involved in the succussful recognition of:

» over 10 (ten) arbitral awards in the Ukraine (the awards were rendered under the rules of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC));
» the arbitral award in Texas, U.S. (the award was rendered under the rules of the ICAC);
» 2 (two) arbitral awards in Kazakhstan (the awards were rendered under the rules of the ICAC);
» the arbitral award in Georgia (the award was rendered under the rules of the ICAC);
» the arbitral award in Moldova (the award was rendered under the rules of the ICAC);
» 2 (two) arbitral awards in Russia (the awards were rendered under the rules of the ICAC);
» the arbitral award in Trans-Dniester Moldavian Republic (the award was rendered under the rules of the ICAC).

Apart from the above, if a client so requires we organise and control the enforcement of arbitral award in those states where the debtor's assets are located .

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"At the request of our clients we organize a search of the debtor's assets and enforcement of international commercial arbitral awards in a wide range of jurisdictions"
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We benefit from a large network of local consultants in different jurisdictions whom we collaborate with while dealing with cases where courts procedural and enforcement particularities existing in the respective jurisdictions should be heeded to (e.g. in the aforementioned recognition or enforcement proceedings in those states where the respondent is registered or his property is located).

At the request of our clients we organize as well a search of the debtor's assets in a wide range of foreign jurisdictions involving for these purposes trusted partners. Such a search can be of real use, particularly, while deciding whether arbitral proceeding against a debtor should be initiated and expenses associated therewith should be incurred, given the likelihood of the enforcement of a prospective award.

We also render legal services in set aside proceedings handled by competent national authorities (courts), i.e. in those where a party dissatisfied with an arbitral award challenges the latter. Although as a general rule (which, of course, is not absolute and which requires taking into account national/domestic laws of the state where the challenge is sought) such a challenge can be admitted on limited grounds, it is a rare case when a dissatisfied party does not have recourse to the set aside proceedings.

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"Our lawyers have successfully defended and challenged international arbitral awards"
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We render legal services on challenge of international arbitral awards before competent authorities not only in Russia but in other jurisdictions as well (in the latter case in colloboration with local consultants).
 
Our lawyers have successfully represented clients in the following cases where international arbitral awards were challenged:

» Applicants from the Ukraine, Georgia, and Russia (such applicants were counterparties of large oil-and-gas companies being represented by our lawyers) were denied the setting aside of five ICAC awards in the proceedings handled by Moscow Commercial Court and by the Commercial Court of the Moscow District;
» An award rendered under the rules of the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry was set aside by Moscow Commercial Court on the application of a trading company represented by our lawyers.

Here you can get familiar with some representative matters of ours and feedback from certain clients.

See also:

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