…in various jurisdictions. Article V(1)(e) of the New York Convention states that a country may refuse to enforce an award if it has been set aside by a court at…
…the 1958 New York Convention (on the recognition and enforcement of foreign arbitral awards) (the “NYC” or simply the “Convention”). The action was brought by US-based Fluor Transworld Services, which…
…a foreign award sought to be enforced under the New York Convention is Article V(1)(b). Merely because the parties have agreed to resolve a dispute outside of the national courts…
…Under Article 47 of the ICSID Convention, tribunals may, if they consider that the circumstances so require, recommend any provisional measures which should be taken to preserve the rights of…
…reconcilable with Russian law, including the 1993 Russian Constitution. In reaching its conclusion, the Court looked to the Vienna Convention on the Law of Treaties to interpret the “limitation clause”,…
…and even though it preceded Brazil’s ratification of the New York Convention by six years, the BAA is consistent with the New York Convention, at least partly because of its…
…a full professor at the Singapore Management University and an expert in trade law; Mr Christopher Thomas QC is a Senior Principal Research Fellow at the National University of Singapore’s…
…present its case on all relevant issues. Under the New York Convention and most national arbitration laws, the protection of a party’s right to a fair and reasonable opportunity to…
…to Articles 21 and 22 ICSID Convention, except that it was not “persuaded that the immunity provided in Article 22 of the ICSID Convention applies to Burford” (the third party…
…in the view of the arbitral tribunal, ultimately a matter of interpretation of the ECT in accordance with article 31 of the Vienna Convention on the Law of Treaties. The…
…enforcement under the NY Convention. And so, one of the key clarifications in the discussion on arbitrators’ powers may not be defining these powers’ outer scope; but emphasising the importance…
…provisions in its future Bilateral Investment Treaties). This fundamental criticism, together with problems with the adjudication procedures, has also brought several states to withdraw from the ICSID convention (in January…
…this is termed, on the basis of the scope of Art. 6 of the European Convention on Human Rights (ECHR). Article 6 of the ECHR provides for restrictions of access…
…(Art.14 of the 1974 New York Convention on the Limitation Period in the International Sale of Goods, signed by the USSR, but not valid for Russia), soft law acts (Art.10.6…
…two-track approach, applying different rules to domestic arbitrations and “foreign” or “international” arbitrations. This is consistent with the New York Convention and most national arbitration legislation. See Gary B. Born,…
…a Party to the New York Convention does not seem relevant. For Contracting Parties to the Convention that made the reciprocity reservation, the requirement for recognition and enforcement will be…
…place in the scope of the [earlier Brussels Convention] is thus determined not by their own nature but by the nature of the rights which they serve to protect” (para….
…European Convention on Human Rights (“ECHR”) which guarantees every person’s right of access to a court in civil matters. The Swiss Private International Law Act (“SPILA”) allows foreign parties to…
…Convention (EPC) European Patents (EPs), once granted, devolve into national patents in the designated Contracting States. There are 38 Contracting States to the EPC. Each Contracting State has exclusive jurisdiction…
Introduction Expert conferencing is undoubtedly gaining popularity in international arbitration. Many leading arbitrators are supporters and proponents of expert conferencing. Its attraction is growing in Singapore, as borne out by…
Singapore’s highest court, the Court of Appeal (the “SGCA”), has held in Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] 1 SLR 373, that: •…
…in Article 52 of the ICSID Convention. Appeals should be concluded within 180 days and, in the event of delay, in no more than 270 days. If the AT modifies…
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
…procedural rules were incorporated into the CSD. The Tribunal disagreed, but using the framework of the Vienna Convention on the Law of Treaties (“VCLT”) found that the procedural rules should…
