On the 17th of april 2023, the New York Convention will enter into force.
A contribution from Kelly Yu-Ju Huang and Kevin Tun-I Hou (Chinese Arbitration Association(CAA), Taiwan) on three decisions from Taiwan.
Over 40 court decisions applying the New York Convention were uploaded onto the site in the first
three months of 2022. Four decisions merit specific mention:
Tonga accedes to the New York Convention
The Supreme Court of the United States rendered its decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC (S. Ct. 2020)
Palau accedes to the New York Convention
The Seychelles accedes to the New York Convention
Ethiopia ratifies the New York Convention.
Papua New Guinea accedes to the New York Convention
On 20 July 2014, the Court of Appeals for the Second Circuit affirmed the decision of the US District Court for the Southern District Court of New York to to vacate its earlier judgment enforcing an arbitral award that had been annulled by Malaysian courts (Thai-Lao Lignite (Thailand) Co. v. Government of the Lao People’s Democratic Republic, No. 14-597, 2017 WL 3081817 (2d Cir. July 20, 2017)).
In March 2017, Ontario adopted a new law on international commercial arbitration (International Commercial Arbitration Act, 2017, SO 2017, c 2) repealing its 1990 version (International Commercial Arbitration Act, RSO 1990, I.9).
Cypriot Supreme Court vacates first instance decision which found that the conditions of Article IV of the New York Convention had not been met, upholding the underlying objective and spirit of the Convention (Intersputnik International Organization of Space Communications v Alrena Investments Limited (Civil Appeal 298/2013, April 4 2017)).
New York State Appellate Division affirms orders which prevent efforts of the award creditor to enforce a vacated award and to oppose the award debtor’s efforts to vacate an order of a French court to recognise the vacated award (Matter of Citigroup Global Makts., Inc. v. Fiorilla (New York State Appellate Division, First Department, Decision of 29 June 2017)).
On 25 March 2017, the US District Court for the District of Columbia granted Crystallex’s request to confirm an arbitral award rendered by an ICSID Additional Facility tribunal in the amount of USD 1.2 billion (Crystallex International Corporation v Bolivarian Republic of Venezuela, US District Court for the District of Columbia (25 March 2017)).
Angola is currently in the process of becoming the 157th Contracting State to the New York Convention.
On 9 June 2016, the US District Court for the District of Columbia denied a motion to confirm a foreign arbitral award which was set aside by the Common Court of Justice and Arbitration because the arbitral tribunal breached the Arbitration Rulels of the Common Court of Justice and Arbitration and solicited increased fees despite being ordered not to do so. The District Court did not find the annulment repugnant to U.S. public policy and declined to enforce the award (Getma International v. The Republic of Guinea, No. 1:14-1616(RBW) (D.D.C., 9 June 2016)). The District Court previously stayed the case, pending the outcome of respondent’s attempt to have the award annulled (case summary reported on this site on 8 December 2015 “Stay of enforcement granted pending foreign annulment proceedings - In the matter of the Arbitration of Certain Controversies Between Getma International and The Republic of Guinea, United States District Court, District of Columbia, 3 November 2015”).
On 13 May 2016, the US Court of Appeals for the District of Columbia Circuit affirmed the judgment of the US District Court for the District of Columbia enforcing an arbitral award against the Government of Belize (Newco Limited v. Government of Belize, No. 15-7077 (D.C. Cir. May 13, 2016)).