French Courts Keeping the Door Open for Dual Nationals’ Claims?
Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the…
Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the…
…principle, particularly the article II of the 1958 New York Convention and the article 16(1) of the UNCITRAL Model Law. After that, Prof. Banifatemi distinguished the positive and negative effect…
…arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described in the ICSID Convention. The…
…a Success Moderated by Ms. Yoshie Midorikawa (Miura & Partners) and featuring Kevin Kim (Peter & Kim, Seoul) and Yu-Jin Tay (Mayer Brown, Singapore), one of the key topics addressed…
…recognise that AIAC holds the distinction of being one of Asia’s oldest institutions, predating even the establishment of the arbitration centres in Hong Kong and Singapore. I am committed to…
…States, to India, to Cuba, Gambia, Iceland, Bahamas, Mongolia, Algeria, Singapore, Hong Kong, Canada, Brazil, St. Kitts and Nevis, Andorra, and El Salvador. This year we would like to…
…New York Convention. He also discussed the essential components for a successful arbitration jurisdiction, such as a stable legal system and government support. The panel was composed of Shukhrat Povlonov,…
…remarks delivered by the Honorable Philip Jeyaretnam, President of the Singapore International Commercial Court. Keynote: “Arbitration: Here, There and Everywhere” Claudia Salomon’s keynote address, titled “Arbitration: Here, There and…
…explore whether the expert determination should be complemented with mediation, in light of the Singapore Convention on Mediation. While the idea gained general support, there were concerns that the inclusion…
…third upload contains 17 decisions from 13 countries, all applying the New York Convention. The following is a selection of the upload’s highlights. In Compañía de Inversiones Mercantiles, the district…
…in an ever increasingly competitive international commercial arbitration market. The New York Convention as Interpreted by the Dutch Supreme Court After paying tribute to the founding father of the New…
…York Convention provides a crucial advantage. In respect of both arbitrator expertise and cross-border enforceability, data protection disputes are comparable to patent or trademark infringement cases. Both these intellectual property…
…issues for mediators under the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”). The panel was moderated by Ivana Ninčić Österle, Executive Director of the International…
…PCA, under a domestic lex arbitri and enforced through the NY Convention. There is not one single legal characteristic that sets commercial and investment arbitration apart. Like childhood and adulthood,…
…relief is a final, enforceable award under the New York Convention, so as not to leave to a judge’s discretion whether such relief is enforceable should enforcement be necessary. Conclusion…
…(“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021, Ecuador rejoined the ICSID Convention….
…New York Convention. This specific reservation limits the Convention’s applicability in the PRC to disputes arising out of legal relationships, whether contractual or not, that are considered “commercial” under Chinese…
…Convention on the Elimination of All Forms of Racial Discrimination (“CERD”) during a conflict. Russia objected to the International Court of Justice’s jurisdiction, arguing that there was no dispute under…
…critical determinations: The treaty does not establish a hierarchy of forums that would apply jurisdictional requirements of the ICSID Convention system to arbitration under the UNCITRAL Arbitration Rules. The BIT’s…
…arbitral organizations with their own arbitration rules: the Singapore International Arbitration Centre (SIAC), the Singapore Chamber of Maritime Arbitration (SCMA), the Law Society (LawSoc) and the Singapore Institute of Arbitrators…
…separate from enforcement. Despite the comprehensiveness of this new enforcement regime, the fact that Libya is still not a party to the Convention on the Recognition and Enforcement of Foreign…
…Spain had waived its foreign State immunity in Australia by ratifying the ICSID Convention. Consequently, Spain lost its foreign State immunity. Accordingly, the High Court confirmed that courts were able…
…management (seat) of the company, or control. It is pertinent to note that Article 25 of the ICSID Convention deliberately does not define what constitutes an investor and leaves it…
…Centre for Settlement of Investment Disputes (ICSID) In AsiaPhos v. China, the Tribunal found that it had no jurisdiction over Claimants’ allegations, ruling that: (i) the China-Singapore BIT limited arbitral…