…the ECT, as it was before. It is true that Part V of the 1969 Vienna Convention on the Law of Treaties (the “VCLT”) refers to the possibility of suspending…
…Case In 2011, in an arbitration seated in Singapore and administered by the International Chamber of Commerce, Singapore (“ICC”), an arbitral tribunal issued an award (“ICC Award”) in favor of…
…did not directly stem from an investment as required by the BIT, the TPA, and Article 25 of the Convention on the Settlement of Investment Disputes between States and Nationals…
…cooperation with the Singapore International Commercial Court (SICC) rendered by the SICC and the Singapore Court of Appeal between May and December 2023. Here are some of the highlights. Three…
…of the Vienna Convention on the Law of Treaties). The UK’s Role in the Modernization Process and Its Continuing Obligations Under the ECT The ECT does not explicitly regulate…
…rights of third parties. In general, jurisdictions like France, the United States of America, the United Kingdom, Singapore, Hong Kong, and Canada allow arbitration in respect of the validity, ownership,…
…the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention (e.g., Article 34 of the UNCITRAL Model…
…concluded in BTS Holding, a.s. v. Slovakia that the arbitral award constituted a “possession” to be protected under Article 1 of Protocol No. 1 to the European Convention on Human…
…from the Singapore International Arbitration Centre (“SIAC”) as speakers. The moderator kicked off the discussion, challenging each panelist to a four-minute “elevator pitch” about their respective institutions. The sharply performed…
…EU. Fourth, as a relatively untested avenue would be protection through the European Convention on Human Rights as applied by the European Court of Human Rights (“ECtHR”), which provides protection…
…ICSID Convention allows grounds to challenge awards, and sometimes, States refuse enforcement due to conflicts with other international obligations. Intra-EU awards are a prime example of this. Spain has to…
…have been on a crusade against investment arbitration for the past few years, and that they have not properly interpreted the Vienna Convention on the Law of Treaties nor the…
…Buildings) provided the view on major Asian jurisdictions (in particular, Singapore). Brussels-based Erik Bomans (Deminor) discussed the European approach to funding. Harshiv Thakerar (Asertis) provided the UK funder’s perspective. Julian…
…based on public policy grounds under the New York Convention, especially if AI is unrecognised in the seat or country of enforcement. A recurring theme across the sessions was the…
…by existing mechanisms (in a similar manner to the scenario that existed for foreign investors pre-ICSID Convention). Ms. O’Grady suggested the need for the creation of an “ICSOD” Convention to…
…in its special economic zone, drawing parallels to the Singapore International Commercial Court, which, despite handling a small number of cases, is highly influential and operates as a “truly international”…
…in the investors’ vs. States’ wins -, and the fact that States are fleeing ISDS – in fact, fifteen States have joined the ICSID Convention in the past 15 years,…
…to become a signatory of the UN Convention on International Settlement Agreements resulting from Mediation (Singapore Mediation Convention) further strengthens the favorable environment for dispute resolution in Pakistan. As a…
…which mandates a strict writing requirement, Art. VII(1) of the same Convention offers a way to reconcile the differing approaches of the New York Convention and the CISG. Referred to…
…lex arbitri; while Encavis is governed by the ICSID Convention and Rules and neither domestic nor EU law apply as the lex arbitri. Although the Encavis tribunal, like most previous…
…formality” (Article 1g). Moreover, the investor’s reliance on such representations must be “reasonable”, in line with the wording of other agreements, such as the EU-Singapore Investment Protection Agreement (Article 2.4.3)….
…context of enforcement of foreign arbitral awards under a 2011 statute implementing the New York Convention (“2011 Act”). The aim behind the Bill is to reform domestically seated arbitration and…
…6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings in respect of an…
…at odds with Germany’s international commitments under Article 41 of the ICSID Convention and the rule of law. It also, in his view, misapplied EU law by going beyond the…
