…It held that the principles of interpretation reflected in Article 31 of the Vienna Convention on the Law of Treaties, taken together with the customary principle of self determination, precluded…
…v. Croatia . By way of background, Article 61(2) of the ICSID Convention gives the tribunal discretion to allocate costs of the arbitration as it deems appropriate. Prior to…
…not provide for recourse against foreign arbitral awards, but enforcement can be refused for the reasons laid out in the New York Convention, which Greece joined in 1961. Attempting to…
…art. 7 SPILA will apply) or abroad (in which case art. II/3 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply). The scope…
…Bulgaria is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, enforcement of a foreign arbitral award may be refused if it is…
…of the legal framework that investor relied on when making the investment. To arrive to this conclusion, the Tribunal interpreted Article 10(1) under Article 31 of the Vienna Convention on…
…dystopian international law world where investor protection trumps relevant binding obligations by States under international law. Harmonization is possible under the rules of the Vienna Convention on the Law of…
…features that make arbitration attractive for businesses. These include the international recognition and enforcement of awards amongst the 160 New York Convention member countries, the choice of arbitrators, the adaptability…
…Cuban buyer should have been exempt from liability for damages under Article 79 of the 1980 Vienna Convention on the International Sales of Goods, (CISG), because, after the conclusion of…
…provisions, Article 21(a) of the ICSID Convention goes beyond such restriction of liability and grants broad immunity to arbitrators from legal process with respect to acts performed by them in…
…Party A in Switzerland under the New York Convention (“NYC”). The competent cantonal court ordered the enforcement (definitive Rechtsöffnung / mainlevée definitive). Party A however appealed the decision to the…
…under the New York Convention (on the recognition and enforcement of foreign arbitral awards 1958) and the comparative arbitration-friendliness of the UAE courts (contrary to the often overstated criticism that…
…partnership that includes 12 members? If the arbitral tribunal estimates that there is a conflict of norms on the same subject matter, article 30 of the Vienna Convention on the…
The epitome – and uncontroversial part – of the legitimate expectations doctrine is that a sovereign’s failure to live up to its promises made towards an investor who relied on…
…of the seat of the arbitration to the arbitration agreement. Under Articles V(1)(a) of the New York Convention and Article 36(1)(a)(i) of the Model Law, the “law of the country…
…Convention and that “where its domestic rules of procedure require a national court to grant an application for annulment of an arbitration award where such an application is founded on…
…monitoring the case should fall within this non-exhaustive list and mandate an exception to confidentiality. In the absence of any international convention, soft law, principle, practice, case law, or authority…
…extensive interest and comment for its findings on rights and maritime entitlements, and the obligations of States under the United Nations Convention on the Law of the Sea (“UNCLOS”). However,…
…Priority in Favour of the Arbitrators , Chapter 8 in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice (E. Gaillard, D. Di Pietro, eds.,…
…a theme first developed by the WG during its drafting of the UNCITRAL Transparency Rules, and the Convention. It signifies a further fragmentation of investment arbitration between treaty-based and other…
…Convention. That said, UNCITRAL has r ecently made progress towards the development of an instrument for the enforcement of settlement agreements resulting from international commercial conciliation. Similar developments could in…
…incorporated in the PA. These principles are found in the sources of TP previously mentioned. They have been addressed on international conventions, domestic regulations, transnational working groups on corporate social…
On 11 April 2016, the Democratic Republic of Timor-Leste (“Timor-Leste”) commenced the first ever compulsory conciliation proceedings under Annex V, section 2 of the United Nations Convention on the Law…
…ICSID Convention . States are, thus, highly involved in the designation of the arbitrators that will decide their disputes. Third, the TPP is the first ever treaty to provide for…
