…into a regional advantage, particularly where significant economic activity is concentrated, citing Singapore as an example. Catherine Schroeder was then faced with the question of whether Paris qualifies as an…
…arbitrations as involving identical causes of action. The two treaties—Croatia-Netherlands and Croatia-Israel BITs—certainly contain similar language; but does similarity of wording amount to identity of obligation? The Vienna Convention on…
…PL Holdings, para. 68) and, insofar as it concerns violations of the European Convention on Human Rights and its protocols (“ECHR”), this may (also) be addressed by a complaint to…
…of America, Canada, Australia, and Singapore), concluded that courts have limited power to interfere in an arbitral award and identified the following four grounds when they could: when the arbitral…
…MFN clause to “matters governed by this Convention”. In cases where the investment treaty adopts an unfettered wording in the MFN clause similar to most Ukrainian investment treaties, arbitral tribunals…
…under the ICSID Convention (see here). Studies on the subject suggest this rarity is tied to a strong disincentive: arbitrators who issue dissenting opinions may be less likely to receive…
…for international arbitration. Additionally, where the host country has ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), there is a relatively straightforward…
…further reinforced by Paraguay’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). The Project proposes to amend 19 articles…
…equitable treatment, as well as the jurisdictional requirements contained in both investment treaties and the ICSID Convention. In so doing, we focused on complex issues derived from disputes in the…
…they have jurisdiction to determine the dispute.” Singapore demonstrates strong adherence to the doctrine, particularly in Tomolugen Holdings Ltd v Silica Investors Ltd [2015] SGCA 57. The Court of Appeal…
…have even been considered non-arbitrable at the pre-arbitral stage. The New York Convention does not define the term ‘public policy’ and leaves it to the domestic laws of the states…
…1993). In 1976, South Africa adopted the New York Convention, and its courts have generally enforced foreign arbitral awards in accordance with the Convention ever since (for example Fattouche v…
…well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. The awards cover a wide range of…
…Bhd & Ors v GAS [2025] SGCA 13 (“Sapura”), the Singapore Court of Appeal (“Court”) had the opportunity to consider the interaction between arbitration and insolvency, in the context of…
…the Singapore High Court (“SGHC”) ruled that courts cannot intervene in decisions of the SIAC Registrar (“Registrar”) and reaffirmed the principle of minimal curial intervention in the contractual relationship between…
…is bound by an agreement with Indonesia on the recognition and enforcement of arbitral awards (e.g., the New York Convention). Article 67 (2) point c. of the Arbitration Law requires…
…when assessing the jurisdiction of Indian courts in international commercial arbitration. The change is also in line with celebrated international law frameworks such as the New York Convention. Thus, the…
…China (“AsiaPhos”), the first under the China-Mongolia BIT, and the second under the China-Singapore BIT. In both cases, the jurisdiction of the tribunals was challenged on the basis that investment…
…which confirmed that an ICSID Contracting State’s agreement to Article 54of the ICSID Convention constitutes a “prior written agreement” waiving state immunity under Section 2 of the Immunity Act. State…
…of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) requires the national courts to compel arbitration unless the arbitration agreement is null and void,…
The much-touted 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2025”) came into force earlier this year on 1 January 2025. The SIAC Rules…
…the scope of the Convention, shall be settled only under the Convention. As respects any other dispute over a taxation measure, or as to whether a measure is a taxation…
…Convention. (Id., para. 51.) That provision allows Contracting States to require the exhaustion of local administrative or judicial remedies as a condition of their consent to arbitration under the Convention….
…These initiatives, primarily funded by international organisations, focus on transparency and resolution. Future plans include an international settlement centre and ratifying the Singapore Convention. Alenkina acknowledged that while adopting the…
