…measures relating to expropriation. The Court meticulously employed the principles of interpretation under the Vienna Convention on the Law of Treaties (VCLT) and stated that the use of the words…
…EU Member States, by operation of primacy. Similarly, primacy will “turn off” the ICSID Convention to the extent it applies to intra-EU ISDS awards. Given that such application of primacy…
…obvious) implications of the ICSID Convention (for investment disputes) and the New York Convention (for commercial disputes) for Iraq. But what was interesting in IEF 2018 is that the same…
…court. The respondent moved to dismiss for lack of subject matter jurisdiction based on the contention that consent awards are not subject to New York Convention because the Convention is…
…Convention guarantees the public policy exception to enforcement or recognition of arbitral awards. While these cases do not paint the entire picture of U.S. arbitration law, they indicate the origins…
…these perceptions and clarifies why they may be held. In A Convention on the enforcement of iMSAs… AND a new model law, Nadja Alexander summarises the recent developments at UNCITRAL…
…Investment Disputes (ICSID) and signatories to the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Kenya and Uganda are members of the Permanent Court of Arbitration…
…example, just last month, the Singapore State Courts’ Community Justice and Tribunals System launched its “e-Mediation” to help those with neighbourly disputes save time and money as they no longer…
…York Convention). Mr. Rupert Reece (Partner, Gide Loyrette Nouel) discussed the demand for publicity in international arbitration. He observed two opposite forces. On the one hand, surveys show that the…
…a general mistrust in having an African country as the seat in an arbitration and popular choices remain London, Geneva, Paris, Singapore as these places are considered to have a…
…is what scholars called “double recognition.” After the adoption of the arbitration law in 1996, and Brazil’s ratification of the New York Convention on the Recognition and Enforcement of Foreign…
…of the New York Convention. Thirdly, parties may have agreed to apply the law of the seat of the arbitration which allows the national court to order consolidation of arbitrations…
…e.g. under Article V(2) of the New York Convention (dispute not capable of settlement by arbitration/contrary to public policy). Investors may of course try to enforce outside the EU. Where…
…BRI end-point – one could consider the Vienna International Arbitral Centre. Otherwise, almost all other parties will consider using Hong Kong, Singapore or a traditional Western-based institution. For these reasons,…
…law, including the EU Charter of Fundamental Rights and the European Convention on Human Rights, as far as it is incorporated in domestic law or via reference by the CJEU…
…not the first time that a foreign investment courts is proposed. In fact, the 1974 Convention of the Settlement of Investment Disputes between Host States of Arab Investments and Nationals…
…York Convention, by enacting new international arbitration laws (most typically some version of the Model Law), by (in some instances) funding new arbitration facilities or judicial training, and by removing…
…international arbitration. Obligation to First Apply for an Additional Award? Under Singapore law, pursuant to Article 33 of the Model Law and section 43 of the Arbitration Act (for…
…of New York Convention of 1958 and table it with Parliament. The decision finally to accede to the treaty coincides with the eradication of Da-esh (ISIL) terrorist cells from the…
…for lack of reasons? In the first of a two-part series, we examine the arbitrator’s duty to give reasons. Introduction Under Singapore legislation, an arbitral award may be…
…36 of the 54 African countries are party to the New York Convention, while 47 are signatories to the ICSID Convention. As for enforcement, though there is insufficient data from…
2017 was yet another significant year for international arbitration. Many arbitral institutions amended their arbitration rules, including: – the Stockholm Chamber of Commerce (SCC) Arbitration Rules and Singapore International Arbitration…
…and complex nature). The relative ease of cross-border enforcement of awards under the New York Convention also gives arbitration a huge advantage in the context of blockchain disputes, given the…
…industry, and intellectual property rights. Further, the Presidential Decree on the ratification of the New York Convention provides that Indonesia will apply the New York Convention only to differences arising…
