…is also a signatory to the ICSID Convention and the Energy Charter Treaty. Since it is not a member of the European Union, Switzerland continues to be responsible for negotiation…
…delegation from the International Chamber of Commerce, in the work leading up to the New York Convention, described the potential of the future convention as a piece of legislation that…
…don’t liaise enough with mediators (and vice-versa), users are rarely heard, providers compete for space and legislators get confusing signals. It’s incoherent and ineffective. A Convention is being held next…
…prepared a transparency convention, which was approved at the beginning of July for submission to the UN General Assembly. In parallel, it may also be worth exploring whether the Rules…
…quality control, and certification requirements to become a more attractive international forum for business disputes? – Singapore – London – New York – Switzerland – Berlin Answer: Singapore, which is…
and Oleg Temnikov Foreword Designation by a State of a constituent subdivision or agency provided for in Article 25, paragraphs 1 and 3, of the ICSID Convention has recently sparked…
…ICSID Convention imposes the disqualification of an arbitrator in the event of “manifest” lack of independence. The very limited number of decisions upholding challenges and the fact that the procedure…
…that any disposable right could be the object of arbitration. But it was not until 2002 that Brazil ratified the New York Convention on the Recognition and Enforcement of Foreign…
In further nod to the non-interventionist and pro-arbitration stance of the Singapore courts, the Singapore Court of Appeal in BLC and ors v. BLB and anor [2014] SGCA 40 (“the…
Enactment of a federal arbitration law has been ‘imminent’ since the United Arab Emirates acceded to the New York Convention in 2006 (the ‘Convention’). Once enacted, it is expected that…
…Ltd v GT Payment Pte Ltd and others [2014] SGHCR 12) the Singapore High Court took a different approach and declined to apply the rebuttable presumption applied by the English…
…6. In 2014, UNCITRAL Working Group II decided to explore the possibility of a new multi-lateral convention on which of the following topics? A. Recognition and enforcement of foreign court…
…of Article II.3 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). By initiating arbitral proceedings before the judge had decided whether to dismiss the…
…a final resolution of a dispute and therefore not enforceable under the New York Convention. As was the case in a decision of the Supreme Commercial Court of the Russian…
…the New York Convention? With view to the form requirements for arbitration clauses, the German Federal Supreme Court found that Article II(1) of the New York Convention does not necessarily…
…subject to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Germany is a signatory. This is because the order shows the general understanding…
…the ICSID Convention, and signed fourteen (14) Bilateral Investment Treaties – BITs, but never ratified them). (ii) Bolivia’s, Ecuador’s and Venezuela’s withdrawal from the ICSID Convention, due to alleged structural…
…that the New York Convention provides a presumption of a ‘real and substantial connection’ and explicitly permits parties to an international arbitration to enforce an award in any contracting state….
…Convention). According to this outsider’s perspective, it seems that the SCI cured the patients’ disease, but did so while prescribing the incorrect medication. Meanwhile, the ghost of the Bhatia decision…
…users to benefit from the scope and ease of enforcement of arbitral awards under international enforcement instruments and most importantly the New York Convention (on the recognition and enforcement of…
…kinds of arbitral awards for which recognition and enforcement shall be given based on the Convention: “This convention shall apply to the recognition and enforcement of arbitral awards made in…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is given effect in England and Wales through sections 100 to 103 of the Arbitration…
…has led to the withdrawal from the ICSID Convention by several Latin American countries. Interestingly, however, according to recent ICSID statistics, cases filed against Latin American countries have decreased. In…
…convention had already been in force. We were in mediation and had reached a settlement. Under the proposed convention, this would have been enough to obtain cross-border enforceability. An enforcement…
