…Act (“FAA”) or New York Convention for only 5.7% of contested petitions and only 3.3% of all petitions. This latter estimate includes the 383 petitions with outcomes that were contested…
…investment structuring; and (ii) its envisaged role as a regional hub for carbon trading. Like the chapeau of NAFTA Article 1139(h), Singapore’s recent BITs (such as the Indonesia-Singapore BIT and…
…Article 26 ECT with reference to Article 31 of the Vienna Convention on the Law of Treaties, i.e. “in good faith in accordance with the ordinary meaning to be given…
…Article II, Section 3 of the New York Convention as self-executing, and privileged in the realm of federal arbitration jurisdiction, notwithstanding opposing state laws. See CLMS Mgmt. Servs. et al….
Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted…
…to be recognised as a trust under the Hague Convention on the Law Applicable to Trusts and their Recognition (the “Hague Trusts Convention”), which is part of English law pursuant…
…ICSID Convention. As a corollary to its intergovernmental nature, the DS includes paragraphs on the functional immunity to be enjoyed by the AC (Article 9(4), (5), and (6)). In accordance…
…Convention on the Settlement of Investment Disputes between States and Nationals of Other States in 2019 and 2022 respectively, the number of African member states now stands at forty-nine (albeit…
…It requires that one of the recognized exceptions as listed in Article 6 para. 1 of the European Convention on Human Rights applies or that the non-public nature of the…
…emphasized the delicate balance courts must strike between support and non-interference, and delved into the complexities of interpreting and applying the New York Convention (“Convention”). The judges collectively noted that…
The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). These sessions deliberated on the past,…
…of Singapore, and Justice Manmohan, Acting Chief Justice of the High Court of Delhi. Spanning five days, the DAW featured training sessions catering to the needs of a diverse audience…
…of a foreign arbitration award from France, based on Law No. 19.971 on International Commercial Arbitration and on 1958 New York Convention. Hugo Issa v. Club Deportivo O’Higgins de…
…the existence and extent of obligations under a prior multilateral convention. The convention itself will usually make provision for the resolution of disputes. In the case of the ICSID Convention…
…had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the same day—Duarte and Others…
…Days. 53.4 If the Dispute is not resolved by this point, the Parties agree that: 1. the Dispute must be referred to and finally resolved by arbitration in Singapore in…
…dealing with emergency arbitration, the amendment is acknowledging explicit recognition given to this notion by the arbitration laws of Singapore and Hong Kong. This post argues that the Arbitration Bill…
…Agreement and the UN Framework Convention on Climate Change. A worthy winner! What’s to Come With the appointment of a new Global Steering Committee and Regional Chairs for the…
…the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention”). Prior to Case No. 53 of 2021, there were two important aspects that…
…even fall within the scope of the Genocide Convention as has been also indicated by the International Court of Justice (ICJ) in its provisional measures Order of 26 January 2024….
…only in domestic arbitrations while the New York Convention regime was, and continues to apply when the arbitration agreement crosses beyond the purely Latvian context. According to the amendments, the…
…High Court (“Singapore Court”). In this post, we take a deeper dive into the implication of the Singapore Court decision and its impact on the UAE arbitration landscape. Singapore…
…may more easily be enforced under the ICSID Convention in the case of ICSID awards or the New York Convention for other awards. This procedural posture may help to facilitate…
The global fight against climate change demands a swift transition to cleaner energy sources. Underscoring this urgency, the 28th Conference of the Parties of the United Nations Framework Convention on…
