The Curious Incident of Iraq and the ICSID Convention
…Investment Disputes between States and Nationals of Other States of 1965 (the ICSID Convention). In accordance with its Article 68(2), the ICSID Convention will enter into force for Iraq on…
Search Results for: singapore convention
Arbitration Awards, Arbitration Proceedings, Enforcement, National Courts, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Future of the New York Convention in Its Most Extreme Sense: A Dual Convention that Disposes of National Setting Aside Regimes
…to courts of the seat only: the courts versed in lex arbitri. The new Convention would consist of the Primary and Secondary Convention. The Primary Convention grants the successful party…
India gives Hong Kong a golden opportunity
…gazetted territories coincided with Singapore’s ambitious push for arbitration market share. The Singaporean government, assisted by the highly accomplished Singapore International Arbitration Centre, has taken Singapore to a point where…
Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?
…judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”)….
Interpreting the New York Convention under the Vienna Convention from a National Perspective: Paulsson Snail Diagram, a Judges Tool
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”) is an international instrument: a treaty between 156 States. It is interpreted…
The Recast Brussels Regulation and “Domestic” Arbitrations
…make it clear that the recast Regulation shall not affect the application of the New York Convention (the “Convention”). The recast Regulation should allow a court to enforce an arbitral…
Arbitration, BIT, Canada, Foreign Investment Law, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Uncategorized, United Arab Emirates
ICSID Tribunal declines personal jurisdiction over dual national under Egypt-UAE BIT
In an Award on Jurisdiction rendered earlier this year under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) in ICSID…
Fault Lines in International Commercial Arbitration
…cite the draft Restatement’s treatment of the grounds for vacatur of New York Convention awards rendered in the United States (U.S. Convention awards). In its current form, the draft Restatement…
Arbitral Award, Courts, Enforcement, Hungary, International arbitration, International Commercial Arbitration, New York Convention
The New York Convention in the Hungarian Court Practice in Two Decades – Formalistic Yet Pro-Arbitration Approach
This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the…
Hidden Impediments Await Foreign Parties Seeking to Enforce Arbitral Awards in Kazakhstan
The overwhelming weight of opinion among legal practitioners is that enforcement of foreign arbitral awards in Kazakhstan is theoretically possible under the New York Convention (“NY Convention”), albeit problematic in…
Interpreting Contracts Under Singapore Law in International Arbitration — The Sequel
…The Singapore Court of Appeal has held that extrinsic evidence (including pre-contractual negotiations) to interpret a contract is admissible under Singapore law only if it is “relevant, reasonably available to…
Kluwer Mediation Blog: February and March Digest (Part 1)
…of posts on the blog. Topics addressed include the Singapore Mediation Convention, lessons for mediators from Australian case-law on their duty of care to disputants, and the recent elections for…
Life after ICSID: 10th anniversary of Bolivia’s withdrawal from ICSID
It has been ten years since Bolivia denounced the International Centre for Settlement of Investment Disputes Convention (“ICSID Convention”), becoming the first country to withdraw from the ICSID Convention in…
Chinese Court’s New Approach to Interpreting the Validity of a Pathological Foreign-Related Arbitration Clause
…Since the agreed arbitration institution was in Singapore and the place of an arbitration institution is a statutory juncture for determination of the applicable law, Singaporean law should apply as…
Czech Supreme Court in Line with Prevailing International Practice: Arbitration Clause Contained in an Exchange of Simple Emails Found Valid
The 1958 New York Convention (“NY Convention” or “Convention”) was adopted in the era when probably the fastest form of communication in which an arbitration agreement could have been concluded…
Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London:Does the McCarran-Ferguson Act Authorize State Insurance Law to Reverse-Preempt the New York Convention?
…law prohibiting arbitration agreements in insurance contracts to reverse-preempt the New York Convention or the New York Convention’s implementing legislation (the Federal Arbitration Act, or FAA)? In comparison to the…
The Singapore Approach to Scrutiny of Arbitral Awards
…according to their chosen method of dispute resolution. Most commentaries dealing with Singapore cases highlight the pro-arbitration stance of the Singapore courts. No doubt, the Singapore courts have adopted an…
Approaches to Arbitration in Australia and Singapore
…and Hunter on International Arbitration (Oxford University Press, 5th Ed, 2009) at [4.43]. The Singapore approach Singapore’s approach has been noted on this blog, and was articulated by the…
A Tale Of Two Cities: An Analysis of Divergent Approaches to Negative Jurisdictional Rulings
…additional recourse in Singapore or London may be more appealing. PMA’s jurisdictional issue An early issue in the Arbitration concerned the place of the arbitration. PMA proposed Singapore on the…
ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law
The Philippine Arbitration Day: A Barometer of the State of Philippine Arbitration
…(“PIArb“) on 25 November 2019 (the “Arbitration Day“), the signing of the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention“), the implementation of domestic statutes promoting arbitration,…
The Contents of the Asian International Arbitration Journal, Volume 16, Issue 2 (November 2020)
… Eunice Chua, The Singapore Convention on Mediation and the New York Convention on Arbitration: Comparing Enforcement Mechanisms and Drawing Lessons for Asia This article considers the enforcement mechanism for…
Arbitration, Arbitration Awards, Enforcement, Enforcement of an award that was set aside, UNCITRAL Arbitration Rules, United States
The 1958 New York Convention Turning into The Battle of Judgments: The Latest in the US Attitude Towards the Enforcement of Annulled Awards
…of enforcement. The US view did not prevail. 1) M. Paulsson, The 1958 New York Convention in Action, (Kluwer Law International 2016), p. 204. See also Convention on the Recognition…
The Miami Draft: the Good Twin of the NYC*
…31 October 2009 at the conclusion of a conference entitled “The New York, European, and Panama Conventions.” New York 1958: ‘Vivat, Floreat et Crescat the New York Convention.’1) Pieter Sanders,…
Arbitration Awards, Enforcement, ICC Arbitration, International arbitration, New York Convention, Seat of the arbitration, Uncategorized, United Arab Emirates
Recent ruling of Dubai Court of Appeal affirms UAE Courts’ practice to abide by the terms of the New York Convention
…Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by UAE…