…third upload contains 17 decisions from 13 countries, all applying the New York Convention. The following is a selection of the upload’s highlights. In Compañía de Inversiones Mercantiles, the district…
…in an ever increasingly competitive international commercial arbitration market. The New York Convention as Interpreted by the Dutch Supreme Court After paying tribute to the founding father of the New…
…York Convention provides a crucial advantage. In respect of both arbitrator expertise and cross-border enforceability, data protection disputes are comparable to patent or trademark infringement cases. Both these intellectual property…
…issues for mediators under the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”). The panel was moderated by Ivana Ninčić Österle, Executive Director of the International…
…PCA, under a domestic lex arbitri and enforced through the NY Convention. There is not one single legal characteristic that sets commercial and investment arbitration apart. Like childhood and adulthood,…
…relief is a final, enforceable award under the New York Convention, so as not to leave to a judge’s discretion whether such relief is enforceable should enforcement be necessary. Conclusion…
…(“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021, Ecuador rejoined the ICSID Convention….
…New York Convention. This specific reservation limits the Convention’s applicability in the PRC to disputes arising out of legal relationships, whether contractual or not, that are considered “commercial” under Chinese…
…Convention on the Elimination of All Forms of Racial Discrimination (“CERD”) during a conflict. Russia objected to the International Court of Justice’s jurisdiction, arguing that there was no dispute under…
…critical determinations: The treaty does not establish a hierarchy of forums that would apply jurisdictional requirements of the ICSID Convention system to arbitration under the UNCITRAL Arbitration Rules. The BIT’s…
…arbitral organizations with their own arbitration rules: the Singapore International Arbitration Centre (SIAC), the Singapore Chamber of Maritime Arbitration (SCMA), the Law Society (LawSoc) and the Singapore Institute of Arbitrators…
…separate from enforcement. Despite the comprehensiveness of this new enforcement regime, the fact that Libya is still not a party to the Convention on the Recognition and Enforcement of Foreign…
…Spain had waived its foreign State immunity in Australia by ratifying the ICSID Convention. Consequently, Spain lost its foreign State immunity. Accordingly, the High Court confirmed that courts were able…
…management (seat) of the company, or control. It is pertinent to note that Article 25 of the ICSID Convention deliberately does not define what constitutes an investor and leaves it…
…Centre for Settlement of Investment Disputes (ICSID) In AsiaPhos v. China, the Tribunal found that it had no jurisdiction over Claimants’ allegations, ruling that: (i) the China-Singapore BIT limited arbitral…
…Act (“International Arbitration Act”), which is based on the New York Convention on the Recognition and Enforcement of Foreign Awards (“NY Convention”). Not an Instance for Substantive Review: The…
…reviews solely to the specific criteria detailed in Section 55, which aligns with Article 34(2) of the 2006 UNCITRAL Model Law and Article V of the New York Convention. It…
…digital assets should be treated as property in nature. He emphasized that many jurisdictions, such as Hong Kong, Singapore, and the Republic of Korea, actually do take that perspective, but…
…Chaitanya Arora, and Jeffrey Wong—all managing directors in the Singapore and Hong Kong offices of Secretariat. Both panels were moderated by Matthew J. Christensen (senior foreign attorney, Kim & Chang)….
…Payment Services Act 2019 of Singapore, cryptocurrencies are considered digital payment tokens regulated by the Monetary Authority of Singapore. The Monetary Authority of Singapore states that the Payment Services Act…
…Trade Law, New York, 2012, para. 12. See, e.g., Art. 11(2) of Singapore’s International Arbitration Act of 1994: “The fact that any written law confers jurisdiction in respect of any…
…disadvantage, on the other hand, is the fact that enforcement of the emergency arbitrator’s decision under the New York Convention can be difficult. There are a few jurisdictions that have…
…this case, the Shanghai Financial Court (‘Court’) applies the 1958 New York Convention to determine whether a foreign arbitral award shall be recognized and enforced. Eventually, the Court refused to…
…act in Nigeria and law reform in Sierra Leone following its accession to the New York Convention. Nigeria’s new act innovates an arbitral review tribunal as a distinct forum for…
