…ideal to resolve BRI disputes given most BRI states are Contracting States of the 1958 New York Convention. There are two practical concerns, however: (1) political implications of the disputes…
The UAE acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award 1958 (“NYC”) in 2006 by virtue of Federal Decree No. 43 of 2006….
…freely regulating is misleading. There is no empirical evidence of this alleged regulatory chill. As Samantha Rowe emphasized, the ECT is a neutral convention which applies to fossil fuel and…
…Convention depends on the relevant jurisdiction. Moreover, the obligation ceases to apply if, for example, an arbitration is not commenced within 30 days of the decision, or if the case…
…Lastly, Mr. Defriez highlighted that the Vienna Convention on the Law of Treaties (‘VCLT’) is an important tool in the interpretation of Central Asian investment treaties. In fact, cases from…
…normative bodies, the New York Convention (“NYC”), the UNCITRAL Model Law (“Model Law”), as well as the local applicable laws, and specifically the challenges of the text and interpretation of…
…issue of sovereign immunity. Sebastian Lukic touched upon three exceptions mentioned in the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property, highlighting the “commercial purpose” exception…
…the investment protection system, including its denunciation of the ICSID Convention in 2012. Even states whose treaties are mostly used by local investors to sue foreign states are taking steps…
…flexibility of procedure and availability of specialized procedural rules; (4) worldwide coverage of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) enabling cross-border recognition…
…Statute, the New York Convention and the Panama Convention, to which Colombia and Chile are parties. However, the Court restated the pro-recognition principle, according to which requirements in the law…
…jurisprudence on the recognition of annulled awards, the text and structure of the New York Convention, and the proper role of U.S. courts in recognizing and enforcing international arbitral awards….
…here and here). Courts have referred to Article V(1)(a) of the New York Convention as the relevant provision for determining the governing law of the arbitration agreement. Article V(1)(a) states…
…constitute a barrier to the enforcement of foreign ad hoc arbitration awards under the New York Convention. To determine the validity of a foreign ad hoc arbitration agreement, China adopts…
…Awards v. Enforcement of Judgments in the EU: Arbitration Must Catch Up Arbitral awards are easier to enforce across borders than court judgments, through the New York Convention, and this…
…in order to confirm a foreign arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’), as applied through Chapter 2 of…
…is still relevant. While public policy is a ground to refuse the enforcement of a foreign award under the Geneva Convention 1927 and New York Convention 1958, neither of these…
…as noted by Khushboo Shahdadpuri. She explained that in the most recent guidance provided by the Singapore Court of Appeal, three rules of thumb ought to apply to taking witness…
…in Article 10.5 of the Harvard Draft Convention on the International Responsibility of States for Injuries to Aliens, a provision on which tribunals rely. In Saluka v. Czech Republic, the…
…discretion to recognize awards even when grounds under Article 5 of the New York Convention are fulfilled. This is also seen in recent cases. In Dana Shipping & Trading v….
…ICSID Convention provides that provisional measures are “any provisional measures which should be taken to preserve the respective rights of either party”. Tribunals broadly interpret the notion of ‘respective rights’,…
…applied in the same arbitral process, with tribunals applying the Vienna Convention over the text of the treaty. In this context, not much has changed indeed. Conversely, Ms. Kinnear sees…
…its own motion. Can International arbitration agreements also be suspended? As explained in the Guetta Decision, neither the New York nor the Geneva Convention deal with the effects that…
…York Convention has been adopted by nearly 200 nations worldwide because of the expanding role arbitration plays in resolving international commercial disputes. The purpose of the Convention is twofold: (1)…
…the Singapore Mediation Convention in International Arbitration With the recent signature and ratification by countries of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“SCM”), Mr. Chao…
