…of a foreign arbitration award from France, based on Law No. 19.971 on International Commercial Arbitration and on 1958 New York Convention. Hugo Issa v. Club Deportivo O’Higgins de…
…the existence and extent of obligations under a prior multilateral convention. The convention itself will usually make provision for the resolution of disputes. In the case of the ICSID Convention…
…had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the same day—Duarte and Others…
…Days. 53.4 If the Dispute is not resolved by this point, the Parties agree that: 1. the Dispute must be referred to and finally resolved by arbitration in Singapore in…
…dealing with emergency arbitration, the amendment is acknowledging explicit recognition given to this notion by the arbitration laws of Singapore and Hong Kong. This post argues that the Arbitration Bill…
…Agreement and the UN Framework Convention on Climate Change. A worthy winner! What’s to Come With the appointment of a new Global Steering Committee and Regional Chairs for the…
…the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”). Prior to Case No. 53 of 2021, there were two important aspects that…
…even fall within the scope of the Genocide Convention as has been also indicated by the International Court of Justice (ICJ) in its provisional measures Order of 26 January 2024….
…only in domestic arbitrations while the New York Convention regime was, and continues to apply when the arbitration agreement crosses beyond the purely Latvian context. According to the amendments, the…
…High Court (“Singapore Court”). In this post, we take a deeper dive into the implication of the Singapore Court decision and its impact on the UAE arbitration landscape. Singapore…
…may more easily be enforced under the ICSID Convention in the case of ICSID awards or the New York Convention for other awards. This procedural posture may help to facilitate…
The global fight against climate change demands a swift transition to cleaner energy sources. Underscoring this urgency, the 28th Conference of the Parties of the United Nations Framework Convention on…
…5 of the New York Convention, Sun explained that the public policy grounds under Chinese law are narrow, and courts restrictively apply them. (The grounds are violation of the fundamental…
…White & Case Paris, Bernard Hanotiau of Hanotiau & Van den Berg and Court Member of the Singapore International Arbitration Centre (“SIAC”), and Christine Artero of Arbitration Chambers, Singapore—who all…
…noting a significant increase in disputes, both domestic and cross-border, and identifying Hong Kong, Singapore, Paris, and California as preferred seats for cross-border arbitrations. She explored the practical challenges in…
…annulled at the seat of the arbitration. He first mentioned that the Federal Arbitration Act, the legislation implementing the New York Convention, provides that an award shall be enforced unless…
…a frontal violation of Art. II(3) of the New York Convention (“NYC”). It is unarguable that an arbitration agreement “null and void, inoperative or incapable of being performed” if seated…
…of the Convention into the Indian Statutory Framework Part II of the Act implements the Convention and incorporates the Convention’s mandate to recognise and enforce foreign awards seated in Convention…
…circumstances in which a party may apply for court-ordered interim measures. Section 12A of the Singapore International Arbitration Act 1994 provides that Singapore courts may only order interim measures in…
…application on the basis that it had violated Ukraine’s public policy, domestic courts cannot refuse to enforce an award rendered under the ICSID Convention. However, the New York Convention allows…
…has also historically understood the importance of recognising and enforcing arbitral awards. In this regard, in 1976, South Africa acceded to the United Nations Convention on the Recognition and Enforcement…
The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April…
…to the approach taken by several Latin American States concerning their bilateral investment treaties (“BITs”). Some countries have chosen to terminate their BITs or withdraw from the ICSID Convention, such…
…The seat of the arbitration was Singapore. By award dated March 10, 2022, the Arbitration Tribunal ordered the Respondent to pay US$ 89,100, plus interest, costs (reimbursement of fees paid…
