ARBITRATION vs. CIVIL LITIGATION

Size: px
Start display at page:

Download "ARBITRATION vs. CIVIL LITIGATION"

Transcription

1 ARBITRATION vs. CIVIL LITIGATION Pursuant to article 569 and 570 of the Federal Civil Procedural Code, its correlatives in local civil procedure codes, and 1347-A of the Commerce Code, foreign Court judgments, private arbitration awards and other resolutions will be recognized and enforced in Mexico, when they are not in contradiction with the public policy in terms of the Federal Civil Procedures Code and other applicable laws, as well as international treaties signed by Mexico. In order for foreign civil resolutions to be executed in Mexico, it is necessary to follow an homologation procedure; said procedure is contemplated in the Federal Civil Procedural Code, as well as in local Procedural Codes. Arbitration awards do not require to be homologated. 1

2 Civil Litigation ARBITRATION vs. CIVIL LITIGATION There are three Multilateral International Treaties executed by Mexico regarding the recognition and execution of foreign court judgments this are (i) the Inter American Convention for the Execution of Foreign Court Judgments and Arbitral Resolutions; (ii) the Inter American Convention of Competence in the International Sphere for the Extraterritorial Enforcement of Foreign Court Judgments; and (iii) the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil an Commercial Matters. Arbitration The following two International Treaties are applicable: i. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958); ii. Inter-American Convention on International Commercial Arbitration (Panama, 1975). 2

3 ARBITRATION vs. CIVIL LITIGATION Arbitration The average length of time for the enforcement procedure is approximately between six to eight months, however it will also depend on the defense arguments presented by the defendants, and other factors which could vary the length. 3

4 Pathological Arbitration Clause Example Any dispute of whatever nature arising out of or in any way related to the Agreement or to its construction or fulfillment may be referred to arbitration. Such arbitration shall take place in the U.S.A. and shall proceed in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. * *Cravat Coal Exp. Co. v. Taiwan Power Co., 1990 U.S. Dist. LEXIS

5 Pathological Arbitration Clause Example Any dispute between the Parties arising out of or relating to this Agreement which cannot be settled amicably shall be referred to and determined by arbitration in the Hague under the International Arbitration Rules. * *Marks 3 Zet Ernst Marks GmbH & Co KG v. Presstek Inc., 455 F.3d 7 (1st Cir. 2006). 5

6 New York Convention 157 members Angola newest member as of June 4, 2017 Limited defenses 6

7 Litigation vs. Arbitration Defenses Foreign Judgments Judicial system not impartial No jurisdiction Fraud Inconvenient forum for trial Due process issues Public policy May require reciprocity Arbitration Awards Agreement to arbitrate not valid Party unable to present case Tribunal or procedure not in accordance with parties agreement Award vacated at seat Public policy 7

8 ENFORCEMENT Civil Litigation The Commerce Code establishes in article 1347-A the same requirements the Federal Civil Procedural Code establishes in the aforementioned article, with the exception of the first requirement stated above, since the Commerce Code establishes that all foreign judgments must comply with the formalities concerning letters rogatory; established in International Treaties Mexico is a part of. 8

9 Civil Litigation ENFORCEMENT Article 1347-A of the Commerce Code: Final judgments and decrees of foreign countries may be enforceable if the following conditions are followed: I. The formalities established by international treaties to which Mexico is a signatory in respect to letter rogatory coming from overseas have been followed; II. The judgments or decrees were not the result of an in rem action; III. The foreign judge or tribunal had jurisdiction over the subject-matter and can rule on the case in accordance with the recognized rules of international law that are compatible with those adopted by this Code; IV. The defendant received notice or was served personally so as to insure him the right to be heard and assert his defenses; 9

10 ENFORCEMENT V. The matter is re judicata in the country of origin or there is no further recourse available; VI. The cause of action that resulted in the foreign judgment is not the subject-matter of a pending action between the same parties in a Mexican tribunal predating the foreign action or letters rogatory to serve the other party have not been processed and delivered to the Foreign Secretariat or the state authority to effect service of process. The same shall apply if a domestic final judgment has been entered; VII. The underlying obligation for which enforcement has been requested locally shall not be against public policy in Mexico; and, VIII. The judgment or decree shall comply with all requirements to establish its authenticity. Notwithstanding compliance with the preceding conditions, the judge may refuse to grantexecutionifitsisshownthatinthecountyoforiginofthejudgmentor decree in analogous situations execution is not granted. Nevertheless, even if the requirements are met if it is demonstrated that in the country of origin, foreign resolutions are not recognized and enforced in similar cases, the foreign judgment will not be enforced in Mexico. 10

11 ENFORCEMENT Civil Litigation Mexican law establishes in article 571 F. V of the Federal Civil Procedural Code, its correlatives in local civil procedural codes and 1347-A, of the Commerce Code that foreign court judgments have to be final and that no means of appeal must be available against them in order for said judgments to be executed in Mexico. The Federal Civil Procedural Code, establishes in article 571 the following requirements in order for a foreign judgment to be recognized and enforced: That it meets all the formalities established in said Code concerning letters rogatory; That said judgment is the result of exercising a personal action; That the issuing judge or court was competent to carry out the trial, in accordance with all international jurisdiction rules compatible with the Federal Civil Procedural Code; That the defendant was dully and personally notified or served; That the resolution is final in the country where it was issued, or that there is no ordinary appeal against it; That there is no other pending trial concerning the same issue, with the same parties in Mexican courts; That the cause of the trial is not contrary to Mexican public order; and That it complies with the requirements to be considered as authentic. 11

12 ENFORCEMENT Arbitration Commerce Code: Article 1461 Regardless of the country where an arbitration award is entered, it shall be given full faith and credit and upon petition in writing to judge it shall be enforced in accordance with the provisions of this Chapter. The party who asserts an award or petitions for its enforcement shall present the original of the award duly authenticated, or a certified copy and the original of the agreement of arbitration referred to by Articles 1416, subparagraph I and Article 1423, or a certified copy thereof. If the award or the agreement is not in Spanish, the party presenting them shall provide a translation into Spanish prepared by an official interpreter. 12

13 ENFORCEMENT Arbitration Commerce Code: Article 1462 Full faith or enforcement of an award may only be denied, regardless of the country from which it originates, if: I. The party against whom the award is presented proves to the satisfaction of the judge of appropriate jurisdiction in the country in which full faith and execution is demanded that: a) One of the parties to the arbitration agreement was affected by a legal disability, or that the agreement is invalid under the applicable law chosen by the parties, or if nothing is mentioned in that respect, by the laws of the country where the award is entered. b) He was not duly notified of the designation of an arbiter or of the arbitration proceedings, or was unable by whatever reason to assert his rights. c) The award refers to a controversy not foreseen in the arbitration agreement, or contains determinations that exceed the terms of the agreement. Nevertheless, if the determinations of the award refers to submitted issues that can be separated from those that were not, the former may be validated and given execution. d) The constitution of the arbitration tribunal or the arbitration procedure was not in accordance with the agreement between the parties, or in the absence of agreement, it did not comply with the law of the land where the arbitration was held: or, e) The award is not compulsory jupon the parties or has been annulled or suspended by the judge of the country where it was entered; or, II. The judge finds that according to Mexican law, the controversy is not subject to arbitration; or that full faith or enforcement of the award will be against public policy. 13

14 ENFORCEMENT Competent Court Article 573 of the Federal Civil Procedural Code, and its correlatives in local civil procedural codes, establishes that the competent Court to decide an enforcement application and execute a foreign resolution is the Court located in the place of residence of the defendant, or in the place where the defendant s assets are located within the Republic. Article 576 ofthefederalcivilproceduralcode,statesthatallissuespertainingtoseizes, confiscations, deposits, appraisements, sales, and all other issues related to the settlement and enforcement of a foreign court judgment will be solved by the Court in charge of the homologation procedure, in other words, the Court in charge of deciding the enforcement application. The foreign judge will be in charge of distributing the resulting quantities after a sale. Articles 1105 and 1107 of the Commerce Code establish the same rules as the Federal Civil Procedures Code (the competent court is the court located in the residence of the debtor or in the place the assets are located if no domicile is available). 14

15 INTERIM AND PRECAUTIONARY MEASURES Types Interim measures can be (i) attachment of assets in civil and commercial matters; and (ii) restraining orders prohibiting a person from leaving the jurisdiction of a court, only in commercial matters. The parties are only allowed to apply for attachment measures which are stated in the Federal Civil Procedures Code or applicable laws, according to article 399. Regarding precautionary measures the Federal Civil Procedural Code establishes the parties can request the seizure of certain goods, documents papers, or books. The Commerce Code contemplates confiscation of assets and house arrest as precautionary measures. 15

16 INTERIM AND PREUCATIONARY MEASURES Timing It is possible to apply for an interim measure at the time the lawsuit is filed, or before or during on arbitration procedure Article 1433 establishes that the Arbitrators will be able to dictate interim measures regarding the object of the procedure, when a party requests them to do so. They will also be able to request securities to any of the parties for the enforcement of said measures. Both parties can agree in the Arbitration agreement that the arbiters will not have the ability to adopt and grant interim measures. In any case, the enforcement of an interim measure granted by the arbiter corresponds to the judicial authority., when applying for an interim measure, the applicant must demonstrate why such measure is necessary, the judge must decide whether he grants the measure or not. In some cases a bond will be requested to the applicant as a security. This will be a previous requirement and will have to be satisfied when requesting the measure. Specifically, those cases are the following: When applying for seize, the applicant will have to grant a security, in order to cover all damages that could be caused. When applying for deposits or confiscations, the applicant will also have to grant a security to pay for damages, if caused. When applying for a house arrest with the application, the applicant must grant a security to repair all damages the defendant might suffer. 16

17 CRITERIA The measure will be granted, or not, without giving the counterpart the option to oppose and without hearing his opinion. Once the measure is requested the court decides unilaterally if it grants it or not. The applicant will have to prove that the measure is necessary and that there is a real peril in waiting for the trial to be solved. The foregoing does not mean the other party cannot appeal the decision once the measure has been granted. When the measure consists in a seizure, the defendant can offer a counter guarantee sufficient to cover the total compliance with the trial, in which case the measure Will be releases or not enforced. 17

Comparison of Inter-American Arbitration Treaties & The New York Convention

Comparison of Inter-American Arbitration Treaties & The New York Convention Comparison of Inter-American Arbitration Treaties & The Subject Application of Convention Article I (1) - This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory

More information

AVOIDING PITFALLS: ENFORCEMENT OF US JUDGMENTS IN MEXICO

AVOIDING PITFALLS: ENFORCEMENT OF US JUDGMENTS IN MEXICO AVOIDING PITFALLS: ENFORCEMENT OF US JUDGMENTS IN MEXICO By Romelio Hernández, HMH Legal Www.hmhlegal.com DISCLAIMER: The information you obtain in this article is not, nor is it intended to be legal advice.

More information

UNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY

UNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY UNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY The Council of Ministers of the Organisation for the Harmonization of Business Law in Africa (OHADA), Mindful of the treaty on the Harmonization

More information

CONVENTION ON CHOICE OF COURT AGREEMENTS. (Concluded 30 June 2005)

CONVENTION ON CHOICE OF COURT AGREEMENTS. (Concluded 30 June 2005) CONVENTION ON CHOICE OF COURT AGREEMENTS (Concluded 30 June 2005) The States Parties to the present Convention, Desiring to promote international trade and investment through enhanced judicial co-operation,

More information

LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA. Chapter I GENERAL PROVISIONS

LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA. Chapter I GENERAL PROVISIONS LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA Prom. SG 60/1988, Amend. SG 93/1993, Amend. SG 59/1998, Amend. SG 38/2001, Amend. SG 46/2002 Chapter I GENERAL PROVISIONS Art. 1. (1) (amend. SG

More information

CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS CONV/JUD/en 1 PREAMBLE THE HIGH CONTRACTING PARTIES TO THIS CONVENTION, DETERMINED to strengthen

More information

Page 1 of 17 Attorney General International Commercial Arbitration Act (R.S.N.B. 2011, c. 176) Act current to March 7, 2012 2011, c.176 International Commercial Arbitration Act Deposited May 13, 2011 Definitions

More information

World Book. Dispute Resolution Brazil INTRODUCTION TO BRAZILIAN LAW 1.1 LEGAL SYSTEM

World Book. Dispute Resolution Brazil INTRODUCTION TO BRAZILIAN LAW 1.1 LEGAL SYSTEM World Book 1. INTRODUCTION TO BRAZILIAN LAW 1.1 LEGAL SYSTEM In, the principal legal source is the law, which is created at federal, state or municipal legislative levels. 1.2 LEGISLATIVE HIERARCHY In,

More information

The International Arbitration Act of 1998 is based on the UNCITRAL model law.

The International Arbitration Act of 1998 is based on the UNCITRAL model law. Macau Asia Pacific Key points There is little tradition and limited experience of arbitration in Macau SAR (Special Administrative Region): its arbitration laws were only introduced in the second half

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 1, 2009. It is intended for information and reference purposes only. This

More information

Article 1 Field of Application

Article 1 Field of Application Article I Article 1 Field of Application [No comparable provision] 1. This Convention applies to the enforcement of an arbitration agreement if: (a) the parties to the arbitration agreement have, at the

More information

CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections.

CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections. CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections. Section 1. Application. 2. Interpretation. PART I PRELIMINARY. PART II ARBITRATION. 3. Form of arbitration agreement. 4. Waiver

More information

Dispute Resolution Around the World. Chile

Dispute Resolution Around the World. Chile Dispute Resolution Around the World Chile Dispute Resolution Around the World Chile 2009 Dispute Resolution Around the World Chile Table of Contents 1. National Constitution... 1 2. International Treaties:

More information

VIENNA CONVENTION ON THE LAW OF TREATIES

VIENNA CONVENTION ON THE LAW OF TREATIES VIENNA CONVENTION ON THE LAW OF TREATIES SIGNED AT VIENNA 23 May 1969 ENTRY INTO FORCE: 27 January 1980 The States Parties to the present Convention Considering the fundamental role of treaties in the

More information

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971)

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971) CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971) The States signatory to the present Convention, Desiring to establish common

More information

THE ENFORCEMENT IN SPAIN OF A FOREIGN ARBITRATION AWARD. Abstract

THE ENFORCEMENT IN SPAIN OF A FOREIGN ARBITRATION AWARD. Abstract THE ENFORCEMENT IN SPAIN OF A FOREIGN ARBITRATION AWARD (Partner of Litigation, Arbitration and Insolvency at EVERSHEDS NICEA Lecturer of Civil Procedural Law and Insolvency Law at Universidad Pontificia

More information

EUROPEAN CONVENTION ON EXTRADITION. Paris, 13.XII.1957

EUROPEAN CONVENTION ON EXTRADITION. Paris, 13.XII.1957 EUROPEAN CONVENTION ON EXTRADITION Paris, 13.XII.1957 The governments signatory hereto, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater

More information

Civil Provisional Remedies Act

Civil Provisional Remedies Act Civil Provisional Remedies Act (Act No. 91 of December 22, 1989) Table of Contents Chapter I General Provisions (Articles 1 to 8) Chapter II Proceedings Concerning an Order for a Provisional Remedy Section

More information

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION 521 522 COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION TABLE

More information

ARBITRATION RULES MEDIATION RULES

ARBITRATION RULES MEDIATION RULES ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)

More information

LAW N 1879/02 FOR ARBITRATION AND MEDIATION - PARAGUAY

LAW N 1879/02 FOR ARBITRATION AND MEDIATION - PARAGUAY LAW N 1879/02 FOR ARBITRATION AND MEDIATION - PARAGUAY TITTLE I. ARBITRATION... 1 CHAPTER I. GENERAL PROVISIONS... 1 CHAPTER II. ARBITRATION AGREEMENT... 3 CHAPTER III. COMPOSITION OF THE COURT OF ARBITRATION...

More information

An Act to make certain further provisions respecting the law of arbitration

An Act to make certain further provisions respecting the law of arbitration Arbitration (Protocol and Convention) Act 1937 APPENDIX THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 (ACT VI o 1937) 4th March, 1937 An Act to make certain further provisions respecting the law

More information

MEXICAN COMMERCIAL INSOLVENCY LAW. Excerps Prepared by. Francisco Velazquez, Goodrich Riquelme y Asociados

MEXICAN COMMERCIAL INSOLVENCY LAW. Excerps Prepared by. Francisco Velazquez, Goodrich Riquelme y Asociados MEXICAN COMMERCIAL INSOLVENCY LAW Excerps Prepared by Francisco Velazquez, Goodrich Riquelme y Asociados 1. WHEN THERE IS INSOLVENCY Article 9. The businessman who generally does not pay his obligations

More information

Arbitration rules. International Chamber of Commerce. The world business organization

Arbitration rules. International Chamber of Commerce. The world business organization Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011

More information

Decree No of 13 January 2011

Decree No of 13 January 2011 Decree No. 2011-48 of 13 January 2011 TITLE I - DOMESTIC ARBITRATION CHAPTER I The arbitration agreement Article 1442 The arbitration agreement shall be either in the form of an arbitration clause or of

More information

LEGISLATIVE DECREE OF 2 FEBRUARY 2006, No. 40 CHAPTER II: MODIFICATIONS OF THE CODE OF CIVIL PROCEDURE REGARDING ARBITRATION

LEGISLATIVE DECREE OF 2 FEBRUARY 2006, No. 40 CHAPTER II: MODIFICATIONS OF THE CODE OF CIVIL PROCEDURE REGARDING ARBITRATION LEGISLATIVE DECREE OF 2 FEBRUARY 2006, No. 40 CHAPTER II: MODIFICATIONS OF THE CODE OF CIVIL PROCEDURE REGARDING ARBITRATION Unofficial translation by Prof. Piero Bernardini in Jan Paulsson (ed.) International

More information

1965 (1st sess.), c. 80, a. 940; 1986, c. 73, s. 2.

1965 (1st sess.), c. 80, a. 940; 1986, c. 73, s. 2. CODE OF CIVIL PROCEDURE BOOK VII ARBITRATIONS TITLE I ARBITRATION PROCEEDINGS CHAPTER I GENERAL PROVISIONS 940. The provisions of this Title apply to an arbitration where the parties have not made stipulations

More information

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 1

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 1 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 1 Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State

More information

ARRANGEMENT OF SECTIONS

ARRANGEMENT OF SECTIONS VOLUME: I RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS CHAPTER: 06:02 SECTION ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Certain arbitral awards to be enforceable in Botswana

More information

[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II )

[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II ) [340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II ) 4. Council Regulation 44/2001/EC of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

More information

PART I ARBITRATION - CHAPTER I

PART I ARBITRATION - CHAPTER I INDIAN BARE ACTS THE ARBITRATION AND CONCILIATION ACT, 1996 No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration

More information

Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000)

Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000) The Arbitration and Conciliation Act, 1996 (No. 26 of 1996), [16th August 1996] India An Act

More information

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS The States signatory to this Convention, (Concluded 2 October 1973) Desiring to establish common provisions

More information

QATAR INTRODUCES NEW ARBITRATION LAW A SUMMARY

QATAR INTRODUCES NEW ARBITRATION LAW A SUMMARY QATAR INTRODUCES NEW ARBITRATION LAW A SUMMARY Summary Qatar s Law No. (2) of 2017 Promulgating the Law of Arbitration in Civil and Commercial Matters (the New Law ) substantially reforms arbitration law

More information

Special Commission on the Recognition and Enforcement of Foreign Judgments (13-17 November 2017)

Special Commission on the Recognition and Enforcement of Foreign Judgments (13-17 November 2017) Special Commission on the Recognition and Enforcement of Foreign Judgments (13-17 November 2017) NOVEMBER 2017 DRAFT CONVENTION* *This document reproduces the text set out in Working Document No 236 E

More information

Regional and International Activities

Regional and International Activities University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 1-1-1980 Regional and International Activities Isidoro Zanotti Follow this and additional works at:

More information

Special Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018)

Special Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018) Special Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018) 2018 DRAFT CONVENTION* *This document reproduces the text set out in Working Document No 262 REV 2 CHAPTER I

More information

ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF)

ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF) ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF) I. INTRODUCTION Article 1 - Scope of application. Article 2 - Definitions. Article

More information

Article (1) Article (2) Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates NEW YORK CONVENTION Article I Article II

Article (1) Article (2) Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates NEW YORK CONVENTION Article I Article II Federal Decree No. 43 for the Year 2006 Regarding The United Arab Emirates Joining the Convention of New York on Recognition and Enforcement of Foreign Arbitral Awards We, Khalifa Bin Zayed Al Nahyan,

More information

4B. Limitation and prescription period not to apply 5. Proof of documents and evidence 6. Regulations 7. SCHEDULE

4B. Limitation and prescription period not to apply 5. Proof of documents and evidence 6. Regulations 7. SCHEDULE Revised Laws of Mauritius CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS ACT Act 8 of 2001 15 March 2004 ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Convention

More information

21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1. (Concluded 2 October 1973)

21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1. (Concluded 2 October 1973) 21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1 (Concluded 2 October 1973) The States signatory to this Convention, Desiring to facilitate the international

More information

29. CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE 1. (Concluded 25 October 1980)

29. CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE 1. (Concluded 25 October 1980) 29. CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE 1 (Concluded 25 October 1980) The States signatory to this Convention, Desiring to facilitate international access to justice, Have resolved to conclude

More information

J U R I S D I C T I O N : I T A L Y

J U R I S D I C T I O N : I T A L Y J U R I S D I C T I O N : I T A L Y Contributor: Vincenzo Sinisi and Annamaria Sculli - SCM Lawyers, www. scm-partners.it A. GENERAL INFORMATION (i) Does your Jurisdiction permit the recognition and enforcement

More information

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES BILATERAL EXTRADITION TREATIES SOUTH AFRICA EXTRADITION TREATY WITH SOUTH AFRICA TREATY DOC. 106-24 1999 U.S.T. LEXIS 158 September 16, 1999, Date-Signed MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

More information

STATUTE OF THE ADMINISTRATIVE TRIBUNAL

STATUTE OF THE ADMINISTRATIVE TRIBUNAL STATUTE OF THE ADMINISTRATIVE TRIBUNAL Article I Establishment and General Principles The Administrative Tribunal of the Organization of American States, established by resolution AG/RES. 35 (I-O/71),

More information

The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia

The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia ( Official Journal of the Republic of Serbia, no. 2/2014) I GENERAL PROVISIONS Definition and Status

More information

This Act may be cited as the Mutual Assistance in Criminal and Related Matters Act 2003.

This Act may be cited as the Mutual Assistance in Criminal and Related Matters Act 2003. MUTUAL ASSISTANCE IN CRIMINAL AND RELATED MATTERS ACT 2003 Act 35 of 2003 15 November 2003 P 29/03; Amended 34/04 (P 40/04); 35/04 (P 39/04); 14/05 ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short

More information

Private International Law Statute. As published in Official Gazette (Venezuela) # of August 6, CHAPTER I GENERAL PROVISIONS

Private International Law Statute. As published in Official Gazette (Venezuela) # of August 6, CHAPTER I GENERAL PROVISIONS Private International Law Statute As published in Official Gazette (Venezuela) # 36.511 of August 6, 1998. CHAPTER I GENERAL PROVISIONS Article 1. Issues of fact related to foreign legal systems shall

More information

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents 2001R0044 EN 09.07.2013 010.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COUNCIL REGULATION (EC) No 44/2001 of 22 December

More information

LISTE RÉCAPITULATIVE COMMENTÉE DES QUESTIONS À ABORDER PAR LE GROUPE DE TRAVAIL SUR LA RECONNAISSANCE ET L EXÉCUTION DES JUGEMENTS TABLE PAR ARTICLES

LISTE RÉCAPITULATIVE COMMENTÉE DES QUESTIONS À ABORDER PAR LE GROUPE DE TRAVAIL SUR LA RECONNAISSANCE ET L EXÉCUTION DES JUGEMENTS TABLE PAR ARTICLES EXÉCUTION DES JUGEMENTS ENFORCEMENT OF JUDGMENTS Liste récapitulative commentée Annexe II Annotated Checklist Annex II janvier / January 2013 LISTE RÉCAPITULATIVE COMMENTÉE DES QUESTIONS À ABORDER PAR

More information

ENFORCEABILITY OF FOREIGN JUDGEMENTS AND FOREIGN AWARDS

ENFORCEABILITY OF FOREIGN JUDGEMENTS AND FOREIGN AWARDS ENFORCEABILITY OF FOREIGN JUDGEMENTS AND FOREIGN AWARDS PREPARED BY: ASHISH MITTAL, SR. ASSOCIATE MAHESHWARI & CO. The article aims to study the enforceability of foreign Judgements/decrees and foreign

More information

Palestinian Legislative Council Proposed Arbitration Law

Palestinian Legislative Council Proposed Arbitration Law Case Western Reserve Journal of International Law Volume 32 Issue 2 2000 Palestinian Legislative Council Proposed Arbitration Law Palestine Legislative Council Follow this and additional works at: http://scholarlycommons.law.case.edu/jil

More information

Convention on the settlement of investment disputes between States and nationals of other States

Convention on the settlement of investment disputes between States and nationals of other States 1 Convention on the settlement of investment disputes between States and nationals of other States Washington, 18 March 1965 PREAMBLE The Contracting States Considering the need for international cooperation

More information

Vienna Convention on the Law of Treaties 1969

Vienna Convention on the Law of Treaties 1969 Vienna Convention on the Law of Treaties 1969 Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331 Copyright United Nations 2005 Vienna

More information

Convention for the Suppression of Unlawful Seizure of Aircraft SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970)

Convention for the Suppression of Unlawful Seizure of Aircraft SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970) Convention for the Suppression of Unlawful Seizure of Aircraft SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970) THE STATES PARTIES to this Convention, CONSIDERING that unlawful acts

More information

THE MUTUAL LEGAL ASSISTANCE PROCESS IN EL SALVADOR

THE MUTUAL LEGAL ASSISTANCE PROCESS IN EL SALVADOR THE MUTUAL LEGAL ASSISTANCE PROCESS IN EL SALVADOR In the Republic of El Salvador, mutual legal assistance is understood as the cooperation that one State accords another in response to a request for assistance.

More information

F. Basic principles governing a headquarters agreement to be negotiated between the Court and the host country

F. Basic principles governing a headquarters agreement to be negotiated between the Court and the host country Contents F. Basic principles governing a headquarters agreement to be negotiated between the Court and the host country Preamble... 234 I. General principles governing the headquarters agreement.... 234

More information

Dispute Resolution Around the World. Spain

Dispute Resolution Around the World. Spain Dispute Resolution Around the World Spain Dispute Resolution Around the World Spain 2013 Dispute Resolution Around the World Spain Table of Contents 1. Legal System... 1 2. The Courts... 1 3. The Legal

More information

BULGARIA (Updated January 2018)

BULGARIA (Updated January 2018) Arbitration Guide IBA Arbitration Committee BULGARIA (Updated January 2018) Kina Chuturkova Boyanov & Co Attorneys At Law 82 Patriarch Evtimii Blvd. Sofia 1463 Bulgaria k.chuturkova@boyanov.com TABLE OF

More information

BULGARIA COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS

BULGARIA COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS COMPARATIVE STUDY OF RESIDUAL JURISDICTION IN CIVIL AND COMMERCIAL DISPUTES IN THE EU NATIONAL REPORT FOR: BULGARIA PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS 1 (A) General Structure of National Jurisdictional

More information

Consolidated version of the Rules of Procedure of the Court of Justice of 25 September Table of Contents

Consolidated version of the Rules of Procedure of the Court of Justice of 25 September Table of Contents Consolidated version of the Rules of Procedure of the Court of Justice of 25 September 2012 Table of Contents Page INTRODUCTORY PROVISIONS... 10 Article 1 Definitions... 10 Article 2 Purport of these Rules...

More information

CHAPTER 7:03 ARBITRATION ACT ARRANGEMENT OF SECTIONS PART I. References by Consent Out of Court

CHAPTER 7:03 ARBITRATION ACT ARRANGEMENT OF SECTIONS PART I. References by Consent Out of Court LAWS OF GUYANA Arbitration 3 CHAPTER 7:03 ARBITRATION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. PART I GENERAL PROVISIONS 2. Interpretation. References by Consent Out of Court 3. Submission irrevocable

More information

FOREIGN TRADE ARBITRATION LAW. Chapter I General provisions

FOREIGN TRADE ARBITRATION LAW. Chapter I General provisions Article 1. Purpose of the Law FOREIGN TRADE ARBITRATION LAW Chapter I General provisions The purpose of this Law is to regulate relations pertaining to arbitral proceedings of suits brought by a citizen

More information

Law No. 30 Year 1999 WITH THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Law No. 30 Year 1999 WITH THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA Appendix Unofficial Translation of Law No. 30 Year 1999 Law No. 30 Year 1999 CONCERNING ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION WITH THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA

More information

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ARBITRATION ACT NO. 11 OF 1995

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ARBITRATION ACT NO. 11 OF 1995 PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ARBITRATION ACT NO. 11 OF 1995 (Certified on 30 th June-1995) Arbitration Act. No. 11 of 1995 1 (Certified on 30 th June-1995) L.D. O.10/93

More information

ICC Rules of Conciliation and Arbitration 1975

ICC Rules of Conciliation and Arbitration 1975 ICC Rules of Conciliation and Arbitration 1975 (in force as from 1st June 1975) Optional Conciliation Article 1 (ADMINISTRATIVE COMMISSION FOR CONCILIATION. CONCILIATION COMMITTEES) 1. Any business dispute

More information

Rules of Commercial Conciliation and Arbitration of 1994

Rules of Commercial Conciliation and Arbitration of 1994 Rules of Commercial Conciliation and Arbitration of 1994 Due to the important role that commercial conciliation and arbitration serves in the resolution of disputes arising from transactions in the various

More information

The enforcement of jurisdiction after Brexit

The enforcement of jurisdiction after Brexit The enforcement of jurisdiction after Brexit Christopher Riehn Annett Schubert Lennart Mewes EJTN Themis competition 2017 Semi-Final C: International Judicial Cooperation in Civil Matters European Civil

More information

Challenge, recognition and enforcement of an award

Challenge, recognition and enforcement of an award Challenge, recognition and enforcement of an award International Commercial Arbitration and International Sales Law Anastasiia Rogozina, LL.M., к. ю. н. Schedule International Arbitration 29.11 Arbitration

More information

RULES OF PROCEDURE OF THE GENERAL COURT

RULES OF PROCEDURE OF THE GENERAL COURT RULES OF PROCEDURE OF THE GENERAL COURT This edition consolidates: the Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991 (OJ L 136 of 30.5.1991, p. 1, and OJ L

More information

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties Vienna Convention on the Law of Treaties The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations Conference on the Law of Treaties. The Conference was convened

More information

THE LAW OF TRADEMARKS

THE LAW OF TRADEMARKS THE LAW OF TRADEMARKS Royal Decree No. M/21 28 Jumada I 1423 / 7 August 2002 Part One General Provisions Article 1: In implementing the provisions of this Law, trademarks shall be names of distinct shapes,

More information

REPUBLIC OF CAPE VERDE THE ARBITRATION LAW

REPUBLIC OF CAPE VERDE THE ARBITRATION LAW REPUBLIC OF CAPE VERDE OF THE ARBITRATION LAW LAW N.º 76/VI/2005 OF 16 August OF 2005 The National Assembly decrees, under the terms of subparagraph d) of article 174º of the Constitution, the following:

More information

TREATY SERIES 1999 Nº 1. International Convention on Salvage

TREATY SERIES 1999 Nº 1. International Convention on Salvage TREATY SERIES 1999 Nº 1 International Convention on Salvage Done at London on 28 April 1989 Signed on behalf of Ireland on 26 June 1990 Ireland s Instrument of Ratification deposited with the Secretary-General

More information

STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION CONSOLIDATED VERSION OF THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION This text contains the consolidated version of Protocol (No 3) on the Statute of the Court of Justice of the European Union,

More information

Downloaded on April 16, Region. Sub Subject Conventions Reference Number

Downloaded on April 16, Region. Sub Subject Conventions Reference Number Downloaded on April 16, 2019 Convention, Supplementary to the Warsaw Convention, for the Unification of Certains Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting

More information

INTERNATIONAL CONVENTION ON SALVAGE, 1989

INTERNATIONAL CONVENTION ON SALVAGE, 1989 INTERNATIONAL CONVENTION ON SALVAGE, 1989 Whole document THE STATES PARTIES TO THE PRESENT CONVENTION, RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage

More information

Convention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation

Convention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation Convention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation Preamble The Governments of the People's Republic of Bulgaria,

More information

Interim measures in support of commercial arbitration in China 1

Interim measures in support of commercial arbitration in China 1 Interim measures in support of commercial arbitration in China 1 Arthur X. Dong In China, arbitral tribunals do not have the power to implement interim protection measures, regardless of the institutional

More information

Arbitration Agreement

Arbitration Agreement Arbitration Agreement (Domestic & International Arbitrations) Written By S. Ravi Shankar Advocate on Record Supreme Court of India Senior Partner - Law Senate Law Firm National President - Arbitration

More information

TRANSMITTING EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, SIGNED AT LIMA ON JULY 26, 2001

TRANSMITTING EXTRADITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU, SIGNED AT LIMA ON JULY 26, 2001 Peru International Extradition Treaty with the United States July 26, 2001, Date-Signed August 25, 2003, Date-In-Force STATUS: MAY 8, 2002. Treaty was read the first time, and together with the accompanying

More information

TREATY SERIES 2010 Nº 5

TREATY SERIES 2010 Nº 5 TREATY SERIES 2010 Nº 5 Amending Agreement to the Protocol on the Privileges and Immunities of the European Telecommunications Satellite Organisation (EUTELSAT) Protocol done at Paris on 13 February 1987

More information

Article I. Article II

Article I. Article II CONVENTION SUPPLEMENTARY TO THE WARSAW CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR PERFORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER, SIGNED IN GUADALAJARA,

More information

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania

Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania Arbitration Rules of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania adopted by the Board of the Court of International Commercial Arbitration in force

More information

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification (a) Control

More information

Model Rules on Arbitral Procedure 1958

Model Rules on Arbitral Procedure 1958 Model Rules on Arbitral Procedure 1958 Text adopted by the International Law Commission at its tenth session, in 1958, and submitted to the General Assembly as a part of the Commission s report covering

More information

New York State Bar Association International Section - Seasonal meeting 2014

New York State Bar Association International Section - Seasonal meeting 2014 New York State Bar Association International Section - Seasonal meeting 2014 Thursday 16 th October, 2014 Track One: UNCITRAL Cross-Border Insolvency enforcement of foreign insolvency-derived judgements

More information

PROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

PROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION C 83/210 Official Journal of the European Union 30.3.2010 PROTOCOL (No 3) ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION THE HIGH CONTRACTING PARTIES, DESIRING to lay down the Statute of

More information

Council on General Affairs and Policy of the Conference March 2018

Council on General Affairs and Policy of the Conference March 2018 Council on General Affairs and Policy of the Conference March 2018 Document Preliminary Document Information Document No 1 of December 2017 Title Judgments Project: Report on the Special Commission meeting

More information

7 GCA CIVIL PROCEDURE CHAPTER 52

7 GCA CIVIL PROCEDURE CHAPTER 52 CHAPTER 52 THE UNIFORM FOREIGN MONEY-JUDGMENTS SOURCE: P.L. 32-215:3 (Dec. 29, 2014) added 7 GCA Chapter 52. 52101. Title. 52102. Definitions. 52103. Applicability of Article. 52104. Standards for Recognition

More information

Uniform Rules of Procedure in the Arbitration Courts at the Chambers of Commerce of the CMEA Countries Dated February 28, 1974

Uniform Rules of Procedure in the Arbitration Courts at the Chambers of Commerce of the CMEA Countries Dated February 28, 1974 Berkeley Journal of International Law Volume 4 Issue 2 Fall Article 18 1986 Uniform Rules of Procedure in the Arbitration Courts at the Chambers of Commerce of the CMEA Countries Dated February 28, 1974

More information

BELGIUM. Enforcing a court decision in Belgium in accordance with Brussels I Regulation

BELGIUM. Enforcing a court decision in Belgium in accordance with Brussels I Regulation BELGIUM Enforcing a court decision in Belgium in accordance with Brussels I Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments

More information

TREATY OF CONCILIATION AND ARBITRATION BETWEEN POLAND AND CZECHOSLOVAKIA, SIGNED AT WARSAW, APRIL 23, 1925

TREATY OF CONCILIATION AND ARBITRATION BETWEEN POLAND AND CZECHOSLOVAKIA, SIGNED AT WARSAW, APRIL 23, 1925 TREATY OF CONCILIATION AND ARBITRATION BETWEEN POLAND AND CZECHOSLOVAKIA, SIGNED AT WARSAW, APRIL 23, 1925 THE PRESIDENT OF THE POLISH REPUBLIC and THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC, Being desirous

More information

38. CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE 1. (Concluded 23 November 2007)

38. CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE 1. (Concluded 23 November 2007) (Dieses Übereinkommen wurde nur in englisch und französisch erstellt; bitte hier klicken für die deutsche Übersetzung.) 38. CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF

More information

LUXEMBOURG. Enforcing a court decision in Luxembourg in accordance with Brussels I Regulation

LUXEMBOURG. Enforcing a court decision in Luxembourg in accordance with Brussels I Regulation LUXEMBOURG Enforcing a court decision in Luxembourg in accordance with Brussels I Regulation Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of

More information

Eighth Additional Protocol to the Constitution of the Universal Postal Union

Eighth Additional Protocol to the Constitution of the Universal Postal Union Eighth Additional Protocol to the Constitution of the Universal Postal Union Constitution, Additional Protocol Eighth Additional Protocol to the Constitution of the Universal Postal Union Contents Article

More information

REQUEST FOR ARBITRATION

REQUEST FOR ARBITRATION IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT)

More information

Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay

Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Oriental Republic of Uruguay The Government of the Kingdom of the Netherlands and the

More information

Christos Th. Vardikos, Attorney at law Honorary Consul of the Commonwealth of Dominica, Partner at Vardikos &

Christos Th. Vardikos, Attorney at law Honorary Consul of the Commonwealth of Dominica, Partner at Vardikos & Authors Christos Th. Vardikos, Attorney at law Honorary Consul of the Commonwealth of Dominica, Partner at Vardikos & Vardikos Overview The Greek legal system provides basically for two types of seizure

More information

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE Article 1 The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be

More information