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Courts rule on limitation period for recognition and enforcement of awards

  • Herbert Smith Freehills LLP
  • -
  • Canada
  • -
  • November 13 2008

In Canada, the Alberta Court of Appeal has ruled that a request for recognition and enforcement of an international commercial arbitral award under the New York Convention is subject to the same 2 year limitation period as applies to applications for enforcement of foreign judgments

Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

  • Herbert Smith Freehills LLP
  • -
  • Canada, USA
  • -
  • October 26 2007

As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations