New York Convention

2022 in Review, Arbitration Act, HK Arbitration Week, Hong Kong, Interim measures, ISDS, Japan, Korea, Legislative amendment, Macau, New York Convention, PRC, Taiwan, Treaty, Turkmenistan, Uzbekistan

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East and Central Asia made further strides to promote arbitration, including through legislative reforms and enhancement of judicial assistance, as well as the accession, ratification, and creation of treaties.  Some domestic courts clarified views on fundamental issues in arbitration.  On the user side, East and Central Asian parties continued to be active as both claimants…

New York Convention, Reciprocity, Recognition and enforcement of arbitral award, Singapore

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Arbitration’s key strength lies in the near-universal enforcement of its arbitral awards. The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) offers parties the benefit of going under a uniform enforcement regime in all of its Contracting States. But whilst it is a popular choice, the New York Convention…

Arbitration Tech Toolbox, Metaverse, New York Convention, Smart Contracts, Technology

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While the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has been one of the driving factors behind the success of international arbitration, its provisions have not evolved in parity with technological advancements, leading to concerns that the Convention may not survive the test of technology. One cause for concern…

China, New York Convention, Taiwan

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /7 Comments

The Republic of China, also known as “Taiwan,” is among the world’s leading economies.  In 2021, Taiwan had a gross domestic product of US$ 670 billion, predicted to increase by 6.45% in 2022; by 2026, Taiwan is projected to be the world’s twentieth largest economy.  Taiwan was the United States’ eleventh largest trading partner in…

CIS, New York Convention, Turkmenistan

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On 17 April 2022, the president of Turkmenistan signed a law on accession of Turkmenistan to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or “Convention”). The Government of Turkmenistan deposited the instrument of accession with the Secretary-General of the United Nations on 4 May 2022. In…

Courts, Domestic Courts, Interviews with Our Editors, National Courts, New York Convention, Pacific Islands, Tonga, UNCITRAL Model Law

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Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various areas of law, Chief Justice Whitten was called to the Queensland Bar in 1990 before moving to Victoria where he practised for more than 20…

Enforcement, Korea, New York Convention, Public Policy

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Under Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the New York Convention, “NYC”), a court may refuse to recognize or enforce a foreign award if “recognition or enforcement of the award is contrary to the public policy of that country.” The NYC does not define the term…

Fiji, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Pacific Islands, Palau, Recognition and enforcement of arbitral award, Tonga

(12 Wentworth Selborne Chambers)/ /1 Comment

Historical records indicate that Tuesday, 10 June 1958 must have been a busy day in the corridors of the United Nations.1)Gary Born and the author are Expert International Commercial Arbitration Consultants retained by the Asian Development Bank to advise states on accession to the Convention, legislative reform and capacity building. On that day, following the…

Arbitration Agreement, CISG, General Terms and Conditions, New York Convention

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On 26 November 2020, the German Federal Supreme Court (Bundesgerichtshof—BGH) intervened in the “disputed” question of the applicability of the CISG to arbitration agreements (I ZR 245/19, para. 28). The Decision—based on the specific factual circumstances of the case and the most-favorable-law provision (Article VII) of the New York Convention on the Recognition and Enforcement…

Enforcement of an award that was set aside, New York Convention, Sovereign Immunity, United States Courts

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The permissive language of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) continues to tease parties challenging recognition and enforcement of arbitral awards with the prospects of success.  That is the case for Nigeria in its latest efforts to fend off the confirmation of a…

New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

The United Arab Emirates (“UAE”) adhered to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention (“New York Convention”) in 2006. Joining the New York Convention was done through Federal Decree No. 43 of  2006. This post examines how the New York Convention has been implemented…

Arbitration Tech Toolbox, Artificial Intelligence, New York Convention, Robojudge, UNCITRAL Model Law

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At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an arbitration must have seemed far-fetched. But, at the same time, the language employed in both the Convention and the Model Law did not expressly exclude…

Arbitration Award, Enforcement, Hungary, International Public Policy, New York Convention

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Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so…

Arbitration Agreement, Choice of Law, New York Convention, Non-signatory, United States, United States Courts

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Herbert Smith Freehills

The United States Supreme Court’s June 2020 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC (“GE Energy“) made clear that, under U.S. law, a non-signatory to an arbitration agreement may invoke equitable estoppel to compel arbitration under Article II(3) of the United Nations Convention on the Recognition and Enforcement of…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so, that they should denounce the Convention.  Two good friends, Trevor Hartley and João Ribeiro-Bidaoui, recently responded on Kluwer Arbitration Blog…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

This post continues from Part I. Party Autonomy and Consent:  How the Convention Undermines Them My previous posts argued that the Convention undermines vital protections that existing law provides for party autonomy and genuine consent.  In response, Mr. Ribeiro argues that the Convention advances notions of party autonomy: it supposedly serves to “enable parties to…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Lauterpacht Centre for International Law in the University of Cambridge) and (The George Washington University Law School)/ /1 Comment

Gary Born, in a three-part series in Kluwer Arbitration Blog last month, addressed why States should not participate in the 2005 Hague Convention on Choice Of Court Agreements (“Hague Convention”). We assume that readers are familiar with Mr. Born’s posts (available as Part I, Part II, and Part III), and so we will confine ourselves to recalling this…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention

(Permanent Bureau of the Hague Conference on Private International Law)/ /2 Comments

The HCCH 2005 Choice of Court Convention (“Convention“), adopted over fifteen years ago, has recently become the subject of damning criticism from Gary Born in a series of posts published on the Blog (see Part I, Part II, and Part III). In the series, Born dramatically suggests that states bound by the Convention should denounce…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

The 2005 Choice-of-Court Agreements Convention (“Convention”) has been widely promoted by the Hague Conference on Private International Law (“Hague Conference”) and others.  This post continues the discussion in two prior posts (Part I and Part II) in this series which argued that it was inappropriate to transpose the New York Convention’s basis structure and terms…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

The 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously endorsed by the Hague Conference on Private International Law (“Hague Conference”) and others as an alternative to the New York Convention, appropriate for ratification by all states. The first post in this series discusses the Convention’s drafting history and proponents’ claim that the Convention ensures…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

Over the past decade, the 2005 Convention on Choice-of-Court Agreements (“Convention”) has been vigorously promoted by the Hague Conference on Private International Law’s Permanent Bureau, the European Union and others.  The Convention has been endorsed as a global instrument, appropriate for ratification by all states, that establishes an alternative to international arbitration for the resolution…

Foreign seat, India, Interim measures, New York Convention, Party autonomy, Public Policy

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In a landmark ruling in PASL Wind Solutions Private Limited v. GE Power Conversion,1)Special Leave Petition (Civil) 3936 of 2021 (arising out of GHC judgment dated November 11, 2020), Supreme Court of India Judgment dated April 20, 2021. India’s Supreme Court rejected the argument that the designation of a foreign seat between two Indian parties…

COVID-19, Enforcement, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy

(Quinn Emanuel Urquhart & Sullivan LLP/ Katholieke Universiteit Leuven)/ /Leave a comment
Young ICCA

Exceptional times call for exceptional measures. We have all been experiencing a global pandemic for almost a year now. In an era where the legal exception tends to become the mainstream rule, one is left to wonder how far can this reversal of odds go. Is the global public health crisis susceptible to calling into…

Enforceability, Foreign arbitral awards, Judicial delay, New York Convention, Recognition

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Approximately a year ago, on 19 December 2019, the First Chamber of the Supreme Court of Costa Rica recognized an ICC arbitration award rendered on 10 June 2016 by a tribunal seated in Miami. This case, one of the very few where the New York Convention (“NY Convention”) has been applied by a State court…