…themselves not party to the ICSID Convention. The ICSID system therefore requires States to designate their SOEs to ICSID so that SOEs can be party to ICSID disputes. Hioureas further…
…the issuance of provisional measures under Article 47 of the ICSID Convention and Rule 47 of the ICSID 2022 Arbitration Rules. In its decision, in particular, the Tribunal had to…
…community consultation. Participants discussed the implications of international conventions like the ILO Convention 169, which mandates prior consultation with indigenous communities that may be affected by projects. The discussion also…
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively…
…intra-EU obligations. Next, and more significantly, the Court addressed the argument based on the ICSID Convention. Under Article 53 of the Convention, the parties to a dispute are required to…
…initiated a de facto urgent enforcement application on 15 March 2024. Instead of seeking permission to enforce the arbitral award under the New York Convention, 111 commenced a separate procedure…
…if a breach has been caused by reasons other than the contractor’s fault, while common law tends to take a strict-liability approach. Ms. Helen Hyunkyung Lee (Partner, HFW, Singapore) noted…
…the United States of America Plaintiff/Petitioner – Appellee, Estate of Ke (‘Estate’) petitioned under the Convention on the Enforcement and Recognition of Foreign Arbitral Awards (‘New York Convention’ or ‘Convention’)…
…project type: Cayman/BVI funds: Cayman law, ICC/LCIA. Project financing: English/New York law, ICC/LCIA. Asia-Pacific M&A: Hong Kong/Singapore law, HKIAC/SIAC. Europe, Africa, Latin America M&A: ICC. Middle East M&A: DIAC/SCCA. In…
…ICSID Convention, UNCITRAL Rules, ICC Rules and the New York Convention. Through this mechanism, the legislature allowed for the possibility of the domestic law being transformed into a source of…
…Convention and the development of model and soft laws. Chief Justice Menon cited the example of the annual roundtable between the Supreme Courts of India and Singapore as an example…
Riding on the waves of the Singapore Convention Week and the IP Week @ Singapore, the Chartered Institute of Arbitrators (“CIArb”) and the Intellectual Property Office of Singapore (“IPOS”) co-hosted…
…Arbitration Survey Report by the Queen Mary University of London found that Paris (64%), New York (54%), São Paulo (21%), Geneva and Singapore (19%), Miami (15%), Lima (6%), and Madrid…
…the New York Convention (“Convention”) in 2010, enacted the International Arbitration Act in 2017, and in recent years, the Fijian High Court has granted multiple stay applications in favour of…
…is reflected in many institutional rules or is otherwise a convention in many jurisdictions. Where parties fail to produce certain documents or make available certain witnesses to give testimony, a…
…Francis & Mangan (formerly Principal, Burford Capital); Shanna Svensson, Team Lead, Global Litigation Asia Pacific, Shell; Katie Chung, Partner, Norton Rose Fulbright Singapore; Ananya Mitra, Senior Associate, Norton Rose Fulbright…
…Anything” roundtable we held recently in Singapore was a great opportunity to update and engage with practitioners and their clients in the region. And, as I mentioned, this goal aligns…
…with the New York Convention, which allows an incoming award to be challenged on the basis that the arbitration agreement was invalid under the law to which the parties subjected…
…of Louisiana (“Louisiana Court”) and the Singapore High Court (“Singapore Court”) answered this question in the negative, holding that defaulting an arbitration under the DIFC-LCIA Rules to a DIAC forum…
The 2024 Singapore Convention Week kicked off with a bang on 26 August 2024 with the Singapore International Arbitration Centre (“SIAC”) hosting its flagship SIAC Symposium at the Shangri-La Hotel,…
…Lim (Independent Advocate, Duxton Hill Chambers (Singapore Group Practice)), closed the event by stressing the importance of preserving the integrity of arbitration. They praised Singapore’s role as a hub for…
…intricate landscape of international arbitration. Focusing on divergent approaches from key jurisdictions, including England and Wales, Singapore, and Hong Kong, it elucidates the challenges posed by varying legal frameworks. Recent…
…basis of Article 31(1) of the Vienna Convention on the Law of Treaties (“VCLT”), the general rule of interpretation, according to which “[a] treaty shall be interpreted in good faith…
…as the Russian authorities refused to serve the documents initiating the procedure under section 1032(2) ZPO on the Russian party in accordance with the Hague Service Convention, the Kammergericht employed…
