Enforcement of Awards. 1. An award rendered pursuant to this section shall not be enforceable until it has become final pursuant to Articles 3.18(4) (Award), 3.19(2) (Appeal Procedure), or 3.19(3) (Appeal Procedure). Final awards issued pursuant to this Section by the Tribunal shall be binding between the disputing parties and shall not be set aside, subject to appeal, review, annulment or any other remedy.1 1 For greater certainty, this does not prevent a disputing party from requesting the Tribunal to revise, correct, or interpret an award, such as pursuant to Articles 50 and 51 ICSID Convention or Articles 37 and 38 of the UNCITRAL Arbitration Rules, or equivalent provisions of other rules, as applicable to the proceedings in question.
2. Each Party shall recognise an award rendered pursuant to this Agreement as binding and enforce the pecuniary obligation within its territory as if it were a final judgement of a court in that Party.
3. The execution of the award shall be governed by the laws concerning the execution of judgments or awards in force where such execution is sought.
4. For greater certainty, Article 4.11 (No Direct Effect) of Chapter Four (Institutional, General and Final Provisions) shall not prevent the recognition, execution or enforcement of awards rendered pursuant to this Section.
5. For the purposes of Article I of the New York Convention, final awards issued pursuant to this Section are arbitral awards relating to claims that are considered to arise out of a commercial relationship or transaction.
6. For greater certainty, and subject to paragraph 1, where a claim has been submitted to dispute settlement pursuant to Article 3.6(1)(a) (Submission of Claims to the Tribunal), a final award issued pursuant to this Section shall qualify as an award under Section 6 of Chapter IV of the ICSID Convention.
Enforcement of Awards. 1. In the light of any relevant review procedures, each of the parties to the dispute shall be bound to comply with the judgment of the Tribunal and to act promptly in accordance with it. The party to the dispute may request enforcement of the judgment handed down by the arbitral tribunal within the meaning of the ICSID Convention or the New York Convention.
2. The claimant or the host State may not plead the enforcement of the final judgment if:
(a) In the case of a final judgment given under the ICSID Convention
i. 120 days have elapsed since the date of the judgment, and none of the parties to the dispute has requested a review or annulment of the judgment; or
ii. Revision or cancellation proceedings have not been completed and
(b) In the case of a final judgment handed down under the Additional relevant ICSID Rules, the UNCITRAL Rules of Arbitration or other rules agreed between the claimant and the Host State i. 90 days have passed since the date of delivery of the judgment and none of the parties to the dispute has commenced proceedings for review, annulment or annulment of the decision; or
Enforcement of Awards. Each party agrees that any legal proceeding instituted to enforce an arbitration award hereunder may be brought in a court of competent jurisdiction (either state or federal).
Enforcement of Awards. An award rendered pursuant to this section shall not be enforceable until it has become final pursuant to Articles 3.18(4) (Award), 3.19(2) (Appeal Procedure), or 3.19(3) (Appeal Procedure). Final awards issued pursuant to this Section by the Tribunal shall be binding between the disputing parties and shall not be subject to appeal, review, set aside, annulment or any other remedy.
Enforcement of Awards. Each party agrees that any legal proceeding instituted to enforce an arbitration award hereunder will be brought in a court of competent jurisdiction (either state or federal) in Minneapolis, Minnesota and hereby submits to personal jurisdiction therein and irrevocably waives any objection as to venue therein, and further agrees not to plead or claim in any such court that any such proceeding has been brought in an inconvenient forum.
Enforcement of Awards. Each party agrees that any legal proceeding instituted to enforce an arbitration award hereunder may be brought in a court of competent jurisdiction (either state or federal) in either Des Moines, Iowa, or Indianapolis, Indiana and hereby submits to personal jurisdiction therein and irrevocably waives any objection as to venue therein, and further agrees not to plead or claim in any such court that any such proceeding has been brought in an inconvenient forum.
Enforcement of Awards. 1. An award rendered pursuant to this section shall not be enforceable until it has become final pursuant to Articles 3.18(4) (Award), 3.19(2) (Appeal Procedure), or 3.19(3) (Appeal Procedure). Final awards issued pursuant to this Section by the Tribunal shall be binding between the disputing parties and shall not be subject to appeal, review, set aside, annulment or any other remedy.0
2. Each Party shall recognise an award rendered pursuant to this Agreement as binding and enforce the pecuniary obligation within its territory as if it were a final judgement of a court in that Party.
3. Execution of the award shall be governed by the laws concerning the execution of judgments or awards in force where such execution is sought.
4. For greater certainty, Article 4.11 (No Direct Effect) of Chapter Four (Institutional, General and Final Provisions) shall not prevent the recognition, execution and enforcement of awards rendered pursuant to this Section.
5. For the purposes of Article I of the New York Convention, final awards issued pursuant to this Section are arbitral awards relating to claims that are considered to arise out of a commercial relationship or transaction.
6. For greater certainty and subject to paragraph 1, where a claim has been submitted to dispute settlement pursuant to Article 3.6(1)(a) (Submission of Claim to Tribunal), a final award issued pursuant to this Section shall qualify as an award under Section 6 of Chapter IV of the ICSID Convention.
Enforcement of Awards. 1. An award rendered pursuant to this Section shall not be enforceable until it has become final pursuant to Article 10.55 (Final Award). Final awards issued pursuant to this Section by the Tribunal shall be binding between the disputing parties and shall not be subject to appeal, review, set aside, annulment or any other remedy32.
2. Each Party shall recognize an award rendered pursuant to this Agreement as binding and enforce the pecuniary obligation within its territory as if it were a final judgement of a court in that Party.
3. Execution of the award shall be governed by the laws concerning the execution of judgments or awards in force where such execution is sought.
4. For greater certainty, Article X [numbering tbd] (Rights and obligations of natural or juridical persons under this Agreement, Chapter Y) shall not prevent the recognition, execution and enforcement of awards rendered pursuant to this Section.
5. For the purposes of Article 1 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, final awards issued pursuant to this Section are arbitral awards relating to claims that are considered to arise out of a commercial relationship or transaction.
6. For greater certainty and subject to paragraph 1, where a claim has been submitted to dispute settlement pursuant to Article 10.29 (2) (a) (Submission of a Claim), a final award issued pursuant to this Section shall qualify as an award under Section 6 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 18 March 1965 (ICSID).
Enforcement of Awards. 1. In the event that the arbiter orders any cost award or recoupment award under Article 38(6)(d) and Article 39, the arbiter shall specify in the final report:
(a) with respect to any cost award, a breakdown between the fees and expenses of the arbiter and the costs for legal representation that comprise the cost award; and
(b) subject to paragraph 2, a reasonable period of time within which the award(s) shall be paid by the disputant against which the order has been made.
2. The financial deposit provided by the supplier under Article 37(4)(i) shall be dealt with as follows:
(a) if no cost award has been issued against the supplier, the administrator shall return the entire amount of the financial deposits to the supplier;
(b) if a cost award of less than the amount of the financial deposits has been issued against the supplier, the administrator shall pay the amount of the cost award over to the arbiter and government entity out of the financial deposit, pursuant to the allocation in the final report, and shall return any funds remaining to the supplier; and
(c) if a cost award in excess of the financial deposits is issued against the supplier, the administrator shall first pay the amount of the arbiter’s fees and expenses, as indicated in the final report, to the arbiter. The administrator shall then pay the remaining funds, if any, to the government entity. The supplier shall then pay the amount of any difference between the financial deposits and the total cost award to the government entity within the time period specified in the final report.
3. Each Party shall provide under its laws that any cost awards and recoupment awards issued by an arbiter under Article 38(6)(d) and Article 39 shall be enforceable in the same manner as an order issued by that Party’s superior court.
Enforcement of Awards. (a) In the event of non-compliance with an award of an arbitral tribunal, the Contracting Party in whose favour it was issued may raise the matter in the Parties Group. The Parties Group shall endeavour to bring about compliance. It may, by consensus minus the defaulting Party, suspend the non-complying Party's right to participate in decisions of the Parties Group.
(b) Possible exhaustive list of permitted countermeasures-no draft provided.
(c) Possible procedural safeguards on resort to countermeasures-no draft provided. 1. SCOPE AND STANDING
(a) This article applies to disputes between a Contracting Party and an investor of another Contracting Party, concerning an alleged breach of an obligation of the former under this Agreement which causes, or is likely to cause loss or damage to the investor or- his investment.
(b) It also applies to disputes between a Contracting Party and an investor of an another Contracting Party, concerning an alleged breach of any obligations of such investor under this Agreement or under legislation enacted by the first mentioned Contracting Party, on a subject matter covered by this Agreement, which causes or is likely to cause loss or damage to the interests of the first mentioned Contracting Party. 13 14
