…foreign element. Prior to that, courts could question the applicability of the New York Convention, concluding that certain disputes between Ukrainian legal entities fall under the notion of domestic arbitration,…
…jurisdictions including the Netherlands, where they applied to the Hague Court of Appeal under the New York Convention (NYC). Arbitrator Authority: The Hague Court of Appeal’s Answer Even that…
…by the parties”. Commentary The Louisiana Court’s decision is noteworthy for two reasons. First, Article II (3) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral…
…new digital dispute resolution ecosystem being established. Singapore too is pursuing similar initiatives. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. The…
…investors’ compliance with the International Labor Organization (“ILO”) core labour standards while Morocco itself did not ratify the ILO Convention on Freedom of Association. Furthermore, the inclusion of investor obligations…
…(CIAW) in Los Angeles. Building on the successful inaugural CIAW that took place in March 2022, the 2023 CIAW attracted over 1,500 attendees from all over the world, including Singapore,…
…KluwerArbitration.com). The Yearbook, in turn, now presents a broader selection of court decisions that apply the 1958 New York Convention, the 1965 ICSID Convention, and the 1975 Panama (Inter-American) Convention,…
…states’ contribution to such mechanisms. Despite several important initiatives under the ICSID Convention, African states have not had a sufficient opportunity to participate in international arbitration. A report regarding ICSID’s…
…The Act also incorporates the Singapore Convention on International Commercial Settlement Agreements Resulting from Mediation. The Act introduces innovative provisions, among which are those concerning third-party funding in arbitration, arbitrator’s…
…including the near universal enforcement of awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the finality of arbitral awards, the neutrality of tribunals,…
…(namely the UN Genocide Convention), the panel focused on the private rights of action for damages caused by Russia during its invasion of Ukraine, discussing the quantification of losses, and…
…awards will generally be enforceable in the UK, since the ICSID convention was implemented and the UK government’s obligations under it were established before acceding to the EU (see coverage…
…proceedings pending arbitration. Legal Position in Singapore Last year, the Singapore High Court in its decision in Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2022] SGHC 210 (“Fastfreight”)…
…Court’) ruled that 1) parties cannot agree to recognition and enforcement of an award process that deviates from the one provided in the New York Convention and Law No. 489-08…
…for a comment here). At the same time, the asymmetrical approach may be losing ground (see here about the policy change effectuated in Singapore in 2012). It has been said…
…PRC’s commercial reservation under the New York Convention. Kyrgyzstan made headway by rendering tax disputes arbitrable. This reform, effective January 1, 2023, aimed to address judicial inadequacies by introducing arbitration…
…interesting developments regarding Latin American and Caribbean states’ approach to foreign investment, especially with respect to those countries that had at some point denounced the ICSID Convention. For instance, on…
…and compared Singapore’s approach to those taken in other jurisdictions. Given the importance of the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention“)…
…York Convention”) is a self-executing treaty under U.S. law, meaning that the New York Convention’s directive to send covered disputes to arbitration is directly enforceable in U.S. courts even without…
…are terminating their BITs and withdrawing from instruments like the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) (Bolivia, Ecuador and Venezuela…
…way of contracting to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), India had waived its sovereign immunity and was therefore subject…
…from the respondent. Since the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (“NYC”) has been ratified by over 170 states,…
In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty…
The UK Supreme Court (‘UKSC’) addressed the meaning of ‘matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in…
