…as some commentators have noted, California has struggled to persuade parties to hold their international arbitrations in California. Instead, parties have sought resolution in New York, London, Paris, Geneva, Singapore,…
…mirroring the criteria under the New York Convention. While section 42 of the 1996 English Arbitration Act already provided a mechanism to enforce provisional orders of the Tribunal in the…
In an attempt to further fortify its position as a leading arbitral institution, the Singapore International Arbitration Centre (“SIAC”) has introduced the 7th Edition of the Arbitration Rules of the…
…A decision in personam against UniCredit did raise this concern, according to EWCA. Regardless, from an international law perspective, Russian courts, as a signatory to the New York Convention (“NYC”),…
…These courts fall into three categories: Global (e.g., Singapore’s SICC), National (e.g., China’s CICC), and Hybrid (e.g., those in Gulf financial zones), each focused on supporting cross-border commerce in distinct…
…law (i.e., the Convention), the will to apply the standards set forth in the Convention where these are applicable, and to refine the balance settled by the Convention. It is…
…the exploitation of the raw materials of the deep seabed are gaining importance. Even though the United Nations Convention on the Law of the Sea (“UNCLOS”) has provided a legal…
…a reservation under Art. I(3) of the Convention to apply the Convention “only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial” under…
…only does the lex loci arbitri approach produce great commercial benefits by ensuring the enforceability of the arbitral award pursuant to the New York Convention and by mitigating legal complexity…
…NY Convention to recognise arbitration awards. Recognition denotes not just a legal proceeding. It is a more generalised treatment of the finality of NY Convention awards. The NY Convention in…
…International Centre for Settlement of Investment Disputes (the “ICSID Convention”) and the New York Convention, alongside Luxembourg’s procedural rules, their complementary roles in enforcement processes are emphasized. It is furthermore…
…in respect of awards granted in states that are signatories to the New York Convention 1958. In particular, we will focus on the English Court’s power to issue worldwide freezing…
…where agreements can apply to third parties such as assignees and beneficiaries. Unlike LCIA, which requires express permission for joinder, QICCA’s provisions align more with institutions like ICC, Singapore International…
…01 December 2023 Michael Hwang, Michael Hwang Chambers LLC, ITA Reporter for Singapore In CVV v CWB [2023] SGCA(I) 9, the Singapore Court of Appeal (SGCA) upheld the Singapore International…
…the New York Convention (“NYC”), the AG first questioned whether the NYC even applies to CAS awards. According to the AG, one may conclude that mandatory arbitration does not meet…
…the conditions of recognition and enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). Ad hoc Arbitration in the Recent Draft Amendments…
…and Enforcement (Arbitral Agreements and Foreign Arbitral Awards) Act, 2011 (the “Act”), which implements the New York Convention (the “NYC”). The awards were rendered in respect of a dispute which…
…in issue? The Singapore Court of Appeal (“CA”) in DEM v DEL [2025] SGCA 1 (“DEM”) decided in the negative on this novel point of law. Background facts The…
…application of the New York Convention (“Convention”) and its core concepts. Indeed, the decision of the Tribunal in Madrid to appoint an arbitrator means that it considered, prima facie, that…
…investor-state disputes. In investment arbitration, a similar procedure is already in place for the ICSID Panel of Arbitrators. Each contracting state of the ICSID Convention may designate up to four…
…Convention. The PRC court further found that the Rules on Counteracting were not relevant in the present case. Therefore, the PRC Court recognized the SIAC award. National Joint Stock…
…Arbitration Awards – The New York Convention in Practice, Cameron May 2008, p.3. See also Christoph Liebscher, Preliminary Remarks, in Reinmar Wolff (ed), New York Convention: Article-by-Article Commentary (2nd ed.),…
…and (ii) enjoyed no immunity. According to the Court, “any State party to the [New York Convention] that chooses to submit to arbitration recognizes and waives its immunity from jurisdiction…
…the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). This development closely follows Malawi’s accession to the New York Convention in 2021 and aligns with the country’s demonstrated…
