…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…
…New York Convention, the 1961 European Convention, the 1965 Washington (ICSID) Convention, and the 1975 Panama (Inter-American) Convention, or address issues of general interest to the practice of international commercial…
…HSBC PI Holdings (Mauritius) Limited (covered here), the Supreme Court rejected a challenge to enforcement of a Singapore-seated foreign award on the ground of arbitrator’s bias, recognising the high standard…
…the New York (NY) Convention (the Convention) through succession and domesticated it (incorporated into domestic law) through Articles 146– 150 of the Commercial Code (1977). In 1985 Seychelles withdrew from…
…and Foreign Arbitral Awards) Act, 2011 (“2011 Act”) – that incorporates the New York Convention 1958. More importantly, the Draft Act seeks to permit courts to set aside “domestic awards…
…of the Slovenian court judgment was rightly requested based on the Lugano Convention. b) In the Context of New York Convention In Decision 4A_646/2023 (31.01.2024), the SFSC confirmed its case…
…2024, which replaces the pre-independence Arbitration Act 1951 and gives effect to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, signals PNG’s commitment to…
…the ECT in intra-EU disputes should be pursued in compliance with the Vienna Convention on the Law of Treaties (“VCLT”) and relevant principles of public international law. Veronika Korom and…
…anti-arbitration injunction can amount to a violation of the principle embedded in Article II of the New York Convention” (Award of 30 June 2009, para. 167). Implications at the…
…2024, as well as in the Vienna Convention on the Law of Treaties (VCLT). For example, the Secretariat will handle declarations and notifications on the provisional application of the modernisation…
…State. While specific restitutionary remedies of the kind suggested here give rise to several complications, not the least reduced enforceability under art. 54(1) ICSID Convention, potential impracticality, unexpected effects on…
…Convention, particularly those in Article 3. Few courts around the world view ratification of the New York Convention alone as a waiver of immunity (see e.g., the Australian Federal Court…
… A decision was handed down in 2024 in a lengthy international litigation, holding Albania in breach of the European Convention on Human Rights (“ECHR”) for an unreasonable delay in…
…71, the Singapore High Court enforced a DIAC award rendered under a clause referring to the now-defunct DIFC-LCIA Arbitration Centre. Crucially, the Singapore High Court did not enforce the award…
…targets resulting in a breach of Article 8 of the European Convention on Human Rights (i.e., respect for private and family life) (Award, para. 573). In Gabriel Resources v. Romania,…
…courts are required to apply section 9 of AA96, which gives effect to Article II(3) of the New York Convention ([67]-[69]). Second, English courts have issued ASIs to restrain foreign…
