…fundamental level the Dallah decision raises the question whether the New York Convention is fulfilling its objectives if national courts ruling on enforcement of Convention awards interpret Article V as…
…the ICSID Convention. However, this understanding is increasingly being questioned by ICSID arbitrators, who find time and again that the ICSID Convention imposes certain objective jurisdictional criteria which may override…
…Chapter 11, or of the ICSID Convention or Rules, confers such a power … It may be inferred that if such a power exists, it would only be for the…
Given the fundamental nature of the exceptions to the recognition and enforcement under the New York Convention (the “Convention”) it should not be forgotten that their application is in fact…
…enforceable under the New York Convention or other bilateral enforcement treaties, domestic awards and those foreign-related rendered inside of China are reviewable under different legal instruments. As such, only those…
…Labor Organization’s Convention No. 169 (“ILO 169”) and in the United Nations Declaration on the Rights of Indigenous Peoples (“UN Indigenous Declaration”). Claimants fail to demonstrate that either the documents…
…ICSID Convention in recent years. It’s no secret that ICSID has been singled out for particular opprobrium from some governments in Latin America, and it remains to be seen what…
…which attempts to determine whether there is an investment for the purposes of Article 25 of the ICSID Convention. The Salini test sets out four criteria for an investment to…
…the arbitration process (paras. 149-161); – the intervention also amounted to a breach of Bangladesh’s obligation to recognize arbitration agreements under Art. II(1) of the New York Convention because it…
…Convention’s mandatory language regarding arbitration, it would ever be appropriate for a court of a New York Convention country, based on concerns of comity, to abstain from compelling an international…
…has ratified the 1958 New York Convention (in 2002) and in addition, the case law has been very consistent in ruling in favor of arbitration. Brazilian lawyers have been involved…
…in the sense of the act, which can thus also be enforced internationally under the New York Convention. Do state courts maintain jurisdiction or does the Emergency Arbitrator’s jurisdiction exclude…
…upheld, the complexity of this hybrid clause caused the parties to incur costs in appearing before the ICC, the SIAC, the Singapore High Court and the Singapore Court of Appeal….
…II.3 of the New York Convention is the proper remedy within the EU for parties served with court proceedings in breach of an arbitration agreement. A green paper reviewing the…
…not address, important questions regarding the effects of national legislation which arguably discriminates against arbitration agreements under the New York Convention. The Swiss Supreme Court decision also contrasts with a…
…the ICSID Convention. Both the NY Convention, the Geneva Convention and the Model Law only contemplate, as a ground for annulment, the invalidity of the arbitration agreement, or the fact…
…at the European level a uniform recognition rule inspired from Aricle IX of the Genva Convention (the Green Paper contemplates “taking advantage of Article VII of the NY Convention to…
…(ICSID). Under the ICSID system, claimants also need to demonstrate that their activities qualify as investments under the ICSID Convention, the multilateral agreement binding all ICSID member-states. While the ICSID…
…of the Intercantonal Arbitration Convention (Concordat)). Disgruntled parties have also sought to recoup fees paid to arbitration institutions when awards have been vacated. In Coffee Beanery v. WW, L.L.C., No….
…be readily enforceable under the New York Convention in the same way as any other arbitral award. The public policy exception under Article V 2(b) of the New York Convention…
…obligations. However, there must be some doubt as to whether an arbitral award made in this way would necessarily benefit from the New York Convention. A party resisting enforcement would…
…vexing issues the reporters have wrestled with in this context is the law governing the treatment of non-Convention awards. Competing views include state law, federal common law, and Chapter 1…
…25 (1) of the ICSID Convention. However, that article simply stipulates that ICSID may have jurisdiction over any “legal dispute arising directly out of an investment”; famously, the Convention does…
…Arbitration Act, Section 34 (2) (b) (ii) of UNCITRAL Model Law, Section V (2) (b) of the 1958 New York Convention). It is probably also widely accepted that the parties…
