…accede to the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”)[fn]United Nations, Timor-Leste accedes to Convention on the Recognition and Enforcement of…
…has now offices in Buenos Aires, Singapore, Vienna, Mauritius, and Ha Noi. Specifically, Mr. Bordaçahar referred to the Buenos Aires office’s impact on the development of international arbitration in the…
…Article IX (2) of the European Convention limits the application of Article V (1) e) of the New York Convention to the grounds listed in Article IX (1) of the…
…the Model Law, the English Arbitration Act 1996, and the New York Convention 1958. Some of the grounds for setting aside an award include: the arbitration agreement is invalid, the…
…holding the ultimate verdict until the ART concludes. One must not overlook jurisdictional considerations. The disparity in interpreting and applying the New York Convention across jurisdictions, particularly Article V(1)(e), might…
…Code of Civil Procedure (Zivilprozessordnung, or “ZPO”) in conjunction with the New York Convention (“NYC”). The prospective respondent in such an enforceability proceeding may file a request with the competent…
…Bulgarian principal), stating the conditions under which a choice of law made in accordance with the Rome Convention on the Law Applicable to Contractual Obligations (the “Convention”) (the predecessor of…
…Convention on the Recognition and Enforcement of Foreign Arbitral Awards, arbitration awards are often even more efficient than any national judgement due to their international enforceability. To live up to…
…to guide the lower courts to properly apply the grounds for non-recognition and enforcement. It ensures consistent judicial practices that uphold the New York Convention and foster a more arbitration-friendly…
…commitment to upholding the New York Convention and building an arbitration-friendly judicial environment. Part I presents statistics for recognition and enforcement rates, the geographical distribution of applicants, the amount claimed,…
…foundational issue expressly addressed by Articles II and V of the New York Convention, Article 7 of the UNCITRAL Model Law on International Commercial Arbitration, and most national arbitration laws….
…seminar was on the 65th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or Convention), which aligns with the mandate…
…method is through the New York Convention. Since the New York Convention is a treaty, it should be noted that international law has a direct effect in Dutch law (Article…
…1958 New York Convention or will otherwise recognise the validity and enforceability of an arbitral award), it is crucial that such jurisdictions offer efficient mechanisms to satisfy the prevailing party’s…
…New York Convention since 1971 and to the Panama Convention since 1978. Mexico made no declarations under Article I (3) of the New York Convention. As a result, the New…
…by the object and purpose of the ICSID Convention. The High Court at [34] noted the “primary purpose” of the Convention was to promote the flow of private capital to…
…restrictive DBA regime in the UK, several other jurisdictions have increasingly started opening-up to TPF. For example, in 2017, Singapore and Hong Kong introduced it in some court proceedings and…
…sought to enforce the arbitral award in England, contending that, as a signatory to the New York Convention, its courts were obligated to recognise and enforce arbitral awards (as incorporated…
…agreement to transfer shares in a Vietnamese company. The buyer / claimant, a Singapore company, brought an arbitration to enforce certain put obligations of the seller / respondent under the…
The recently reported investment treaty claim by Singapore-based mining company Zeph Investments (“Zeph”) against Australia appears to be the latest in investor-State dispute claims arising out of climate change-related measures…
…under the New York Convention of 1958. In the same vein, Dr Junge emphasized the effective protection of business secrets and the confidentiality that makes arbitration proceedings still (more) attractive…
…Low countered, although the enforcement system is set up to favor pecuniary awards, the ICSID Convention requires compliance with all awards, monetary or non-monetary. Tribunals have been cognizant of the…
…refuse recognition of an award, which mirror the ones provided by Article V of the New York Convention (including the differentiation between grounds that may be considered ex officio and…
…Enforcement Agencies. International enforceability of VIAC awards are also ensured under the framework of the New York Convention 1958. The VIAC’s emphasis on efficiency is reflected in our streamlined procedural…
