…grounds for refusal of enforcement under Art. V(1)(e) of the New York Convention (“NYC”). Rather, in a proceeding to declare a foreign award enforceable in Germany, the court may exercise…
…practice” between two given States, as per Article 31.3(b), Vienna Convention on the Law of Treaties (VCLT), a “gap” seems presented. Treaty architects and arbitrators must consider the risks of…
…New York Convention. Here are some of the highlights. In an extensively reasoned decision, the Constitutional Court of Colombia scrutinized the constitutionality of the 2014 Bilateral Investment Treaty (BIT) between…
…of non-retroactivity of treaties (see Article 28 of the Vienna Convention on the Law of Treaties (VCLT)), when they provided the temporal scope of application of Chapter 14 (Investment) at…
…Art. 6 European Convention on Human Rights (ECHR)), but rejected all other claims. The BVerfG, on the other hand, took much longer to decide, with the case pending before it…
…request under Section 1032 para. 2 ZPO is not barred by the ICSID Convention, Germany submitted (for a fuller account of the findings of the court as a matter of…
…be accorded similar rights as the parties. Finally, the panelists pointed to the Mauritius Convention on Transparency. The Convention has currently been ratified by only nine states which indicates that…
…tools addressing the problems of fraud and corruption, such as the OECD Convention, Foreign Corrupt Practices Act (FCPA). Mr Polkinghorne stressed that national courts seem to be more willing nowadays…
…the approach taken in the above cases, there have also been several cases in England, Singapore and Hong Kong where the courts have found that the parties’ intention was not…
…possible legal claims that may arise from deep seabed mining statutes and sponsorship agreements. What is the Role of Sponsoring States? Under Part XI of the UN Convention on the…
…the rest of the treaty. Consequently, the scope of the particular MFN clause will be determined under articles 31 and 32 Vienna Convention on the Law of Treaties (VCLT). …
…Thousands of bilateral tax treaties are routinely interpreted in light of current best practices. Where interpretation was deemed insufficient, a multilateral reform convention, the 2018 Multilateral Instrument, updated and upgraded…
…awards may be automatically enforceable, while international ones likely need to go through New York Convention mechanism, along with client preferences for court litigation in Singapore where a group of…
…Judge, Singapore International Commercial Court, Singapore), Ms Sitpah Selvaratnam (Consultant, Tommy Thomas Advocates & Solicitors, Malaysia and Alternate Member, ICC International Court of Arbitration) and Prof Joongi Kim (Professor of…
…for Disqualification under Article 57 of the ICSID Convention. It alleged that the arbitrator’s failure to disclose past “professional relationships” with experts appointed by the Claimant, the subsequent “piecemeal disclosures”…
Amidst the still ongoing negotiations on the modernisation of the Energy Charter Treaty (ECT), which were concluded with an agreement in principle yesterday (24 June 2022), the Court of Justice…
…Third, the implications of Achmea decision are overextended to different proceedings that should be protected by Article 53 – 54 of the ICSID Convention, Article 54 of the Vienna Convention…
…is based on the general principle underlying the Vienna Convention on the Law of Treaties (VCLT) that States are the ‘masters of their treaties’ (Article 54(b)). Despite the sunset clause,…
…research coded every argument raised by defendants challenging the recognition and enforcement of awards based on grounds set forth in Article V of the United Nations Convention on the Recognition…
The debate surrounding the meaning and scope of the term ‘investment’ under the ICSID Convention is a product of the larger tussle between capital exporting and capital importing states, which…
…of the New York Convention provides that recognition and enforcement of an award “may also be refused” if “recognition and enforcement of the award would be contrary to public policy”….
…the 2019 United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Mediation Convention), which has been signed by 55 states (as of June 2022). In March 2022,…
…shows no understanding of the implications of the New York Convention, which now includes 170 states. Lastly, the Court also repeats the often heard complaint that §1782 would give more…
…Dr. Knoll-Tudor examined NY Convention and annulment cases in France. (ix) Recognition and Enforcement Proceedings in China. Dr. Dong and Dr. Yuan analyzed judgements by the Chinese courts. General Conclusions…
