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Posted: February 18th, 2022
(Conflict of Laws) Critically compare and contrast the enforcement of foreign arbitral awards with the enforcement of foreign judgments at common law. Cite relevant case law as authority.
Topic: (Conflict of Laws) Critically compare and contrast the enforcement of foreign arbitral awards with the enforcement of foreign judgments at common law. Cite relevant case law as authority.
Order Description
Please structure the paper as introduction, critical analysis and conclusion.
The author should cite books and case law to provide the critical analysis
Sources may include:
Textbook
David McClean and Veronica Ruiz Abou-Nigm, Morris: Conflict of Laws (8th edn, Sweet & Maxwell 2012)
Chapter 7, ‘Recognition and Enforcement of Foreign Judgments’ (pp.159-196)
Case
Fiona Trust and Holding Corp v Privalov [2007] UKHL 40
Case C-185/07Allianz SpA (formerly Riunione Adriatica di Sicurta SpA) v West Tankers Inc [2009] ECR I-663
Excalibur v Texas Keystone Inc [2011] EWHC 1624 (Comm)
Norsk Hydro ASA v State Property Fund of Ukraine [2002] EWHC 2120 (Admin)
West Tankers Inc v Allianz SpA (The Front Comor) [2012] EWCA Civ 27
Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2011] 1 AC 763
Legislation
Arbitration Act 1996
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958
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