…not prioritize EU law over the New York Convention (when determining jurisdiction, simply finding the New York Convention inapplicable). Act III: Final Fitting and Adjustments It remains to be…
…Munich Court of Appeal, in a decision later upheld by the German Federal Supreme Court, denied enforcement of the award under Article V(1)(c) of the New York Convention. The Court…
…all creditors, over an arbitral dispute between one creditor and the insolvent debtor. Looking beyond India, Singapore follows a similar approach: its Court of Appeal has held that courts should…
…Convention (“Hague Convention”). The latter forwarded the request to the Arbitrazh Court of Moscow (“ACM”), which refused to comply with this request because it concluded that compliance with the request…
…the ICSID Convention prohibiting the interference of domestic courts (see here and here). As part of their assessment under Section 1032 ZPO, German courts examine whether an arbitration agreement exists,…
…encompass some or all of the parties, the arbitrators, tribunal secretaries, witnesses, and members of the secretariat of an administering institution. As Katie Chung (Norton Rose Fulbright, Singapore) explains, participants…
…These grounds replicate Article V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”) and include public policy, arbitrability of the dispute, and…
…for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request. Zeph sought an order that Australia’s “officers and representatives refrain from making…
…noted that, under Article 54 of the ICSID Convention, each Contracting State shall recognize an award rendered pursuant to said Convention as binding and enforce it if it were a…
Although often seen as theoretical, the recognition and enforcement of annulled arbitral awards remain a fascinating issue in international arbitration. As the text of the New York Convention (“NYC”) provides…
…only to the sovereign acts of a State, and not to the commercial acts (Article 10, United Nations Convention on Jurisdictional Immunities of States and Their Property). Under the SIA,…
…the domestic laws of the Member States, together with the New York Convention. Indeed, according to Article 73(2) Brussels Ia Regulation, this “Regulation shall not affect the application of the…
…is rooted in the principles of a fair trial under Article 6 of the European Convention on Human Rights, applicable to both arbitration and state court proceedings. The ASC stressed…
…(iv) “final provisions,” covering the depository of the Convention, additional protocols and amendments, and denunciation. Examples described as “illustrative” (para. 10) are captured in the Protocols to the Convention; additional…
…Choice of Court Convention and then the 2019 Hague Convention. Brief Overview of the Key Provisions of the 2019 Hague Convention Article 1 of the 2019 Hague Convention lays…
…Canada and Singapore, and certain civil law countries like France, Italy and Portugal take a middle-ground approach, considering validity claims arbitrable but limiting the effect of the awards to the…
…UKSC at [184]). Hence, absent strong reasons, courts in England and Singapore, for example, will generally give effect to EJAs (The Eleftheria; Vinmar v PTT SGCA). Closely mirroring the common…
…relation to interim measures and court assistance in taking evidence). The reason for this divergence is that Pakistan already has a law implementing the New York Convention that deals exclusively…
…considered a common understanding subject to Article 31(3) of the Vienna Convention on the Law of Treaties (“VCLT”). The following two parts summarize the United States’ recent NDP practice and…
…ratification of the New York Convention (“NYC”) and the subsequent adoption of a national arbitration law with a particular focus on the enforcement of interim measures and awards. It also…
…independent and impartial tribunal, as guaranteed by Article 6 of the European Convention on Human Rights (“ECHR”) and referred in that regard to the European Court of Justice’s case law…
…American Free Trade Agreement (NAFTA) In NAFTA Chapter 11 proceedings conducted under the ICSID Convention, the tribunal granted one of the claimant’s four requests for provisional measures. First Majestic…
…awards” (Ruling No. 3232-19-EP/24, ¶75), in light of the New York Convention. Pursuant to Article VII of the New York Convention, Ecuador’s decision to eliminate the process for recognition of…
…Bas Van Zelst & Naimeh Masumy, The Concept of Arbitrability Under the New York Convention: The Quest for Comprehensive Reform This article critically examines the interpretation of the concept of…
