Sam Williams
Sam is an experienced litigator who has worked in Jersey since January 2012 and was called to the Jersey bar in November 2015. His practice includes complex and cross-border commercial litigation and court applications, with particular emphasis on contentious trusts and corporate disputes.
He has acted for various financial institutions, investors, trustees, beneficiaries and commercial enterprises.
Practice Area
Panel
- Contributing Author
1 Contributions by Sam Williams
PRACTICE NOTES
Recognition and Enforcement of Non-Domestic Arbitral Awards in Jersey: Framework, Procedure, Defences and Remedies
The regime for recognising and enforcing international arbitral awards in Jersey sits within the Arbitration (Jersey) Law 1998, as amended (the Arbitration Law). Parts 3 and 4 enable enforcement of awards made under:
the Protocol on Arbitration Clauses, 24 September 1923 (the Protocol)
the Geneva Convention on Foreign Arbitral Awards, 26 September 1927 (the Geneva Convention)
the New York Convention, 10 June 1958 (the New York Convention)
In essence, where an arbitration agreement falls within any of the Protocol, Geneva Convention or New York Convention, and the requisite conditions are met, the award may be enforced by the Royal Court of Jersey (the Court) in the same way as a judgment or order of that Court to equivalent effect.
Domestic awards
The Arbitration Law differentiates between domestic and non-domestic awards. Part 2 governs domestic awards arising from arbitration proceedings within Jersey, which are outside the scope of this article.
Non-domestic awards
Non-domestic awards are split into two groups: foreign awards, addressed in Part 3 of the Arbitration Law, and Convention awards...
Arbitration
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