…Buildings) provided the view on major Asian jurisdictions (in particular, Singapore). Brussels-based Erik Bomans (Deminor) discussed the European approach to funding. Harshiv Thakerar (Asertis) provided the UK funder’s perspective. Julian…
…based on public policy grounds under the New York Convention, especially if AI is unrecognised in the seat or country of enforcement. A recurring theme across the sessions was the…
…by existing mechanisms (in a similar manner to the scenario that existed for foreign investors pre-ICSID Convention). Ms. O’Grady suggested the need for the creation of an “ICSOD” Convention to…
…in its special economic zone, drawing parallels to the Singapore International Commercial Court, which, despite handling a small number of cases, is highly influential and operates as a “truly international”…
…in the investors’ vs. States’ wins -, and the fact that States are fleeing ISDS – in fact, fifteen States have joined the ICSID Convention in the past 15 years,…
…to become a signatory of the UN Convention on International Settlement Agreements resulting from Mediation (Singapore Mediation Convention) further strengthens the favorable environment for dispute resolution in Pakistan. As a…
…which mandates a strict writing requirement, Art. VII(1) of the same Convention offers a way to reconcile the differing approaches of the New York Convention and the CISG. Referred to…
…lex arbitri; while Encavis is governed by the ICSID Convention and Rules and neither domestic nor EU law apply as the lex arbitri. Although the Encavis tribunal, like most previous…
…formality” (Article 1g). Moreover, the investor’s reliance on such representations must be “reasonable”, in line with the wording of other agreements, such as the EU-Singapore Investment Protection Agreement (Article 2.4.3)….
…context of enforcement of foreign arbitral awards under a 2011 statute implementing the New York Convention (“2011 Act”). The aim behind the Bill is to reform domestically seated arbitration and…
…6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings in respect of an…
…at odds with Germany’s international commitments under Article 41 of the ICSID Convention and the rule of law. It also, in his view, misapplied EU law by going beyond the…
…Act (“FAA”) or New York Convention for only 5.7% of contested petitions and only 3.3% of all petitions. This latter estimate includes the 383 petitions with outcomes that were contested…
…investment structuring; and (ii) its envisaged role as a regional hub for carbon trading. Like the chapeau of NAFTA Article 1139(h), Singapore’s recent BITs (such as the Indonesia-Singapore BIT and…
…Article 26 ECT with reference to Article 31 of the Vienna Convention on the Law of Treaties, i.e. “in good faith in accordance with the ordinary meaning to be given…
…Article II, Section 3 of the New York Convention as self-executing, and privileged in the realm of federal arbitration jurisdiction, notwithstanding opposing state laws. See CLMS Mgmt. Servs. et al….
Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted…
…to be recognised as a trust under the Hague Convention on the Law Applicable to Trusts and their Recognition (the “Hague Trusts Convention”), which is part of English law pursuant…
…ICSID Convention. As a corollary to its intergovernmental nature, the DS includes paragraphs on the functional immunity to be enjoyed by the AC (Article 9(4), (5), and (6)). In accordance…
…Convention on the Settlement of Investment Disputes between States and Nationals of Other States in 2019 and 2022 respectively, the number of African member states now stands at forty-nine (albeit…
…It requires that one of the recognized exceptions as listed in Article 6 para. 1 of the European Convention on Human Rights applies or that the non-public nature of the…
…emphasized the delicate balance courts must strike between support and non-interference, and delved into the complexities of interpreting and applying the New York Convention (“Convention”). The judges collectively noted that…
The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). These sessions deliberated on the past,…
…of Singapore, and Justice Manmohan, Acting Chief Justice of the High Court of Delhi. Spanning five days, the DAW featured training sessions catering to the needs of a diverse audience…
