The Contents of the ASA Bulletin, Volume 37, Issue 1 (March 2019)
…Pechstein, and Switzerland. The athletes argued without success that their right to a fair trial pursuant to Article 6 § 1 of the ECHR Convention had been violated on the…
Search Results for: singapore convention
The Philippines’ Pro-Arbitration Policy: A Step Forward Gone Too Far?
…. . . disguised as a ground for refusing enforcement of an award.” The ruling is problematic. First, as Singapore is the seat of arbitration, the Singapore courts would have…
Kluwer Mediation Blog – February and March Digest (Part 2)
…We hope you find these useful. In “Singapore Convention Series – Harmonization of China’s legal system with the Convention: suggestions for the implementation of the convention in China”, in the…
Kluwer Mediation Blog: February and March Digest (Part 1)
…of posts on the blog. Topics addressed include the Singapore Mediation Convention, lessons for mediators from Australian case-law on their duty of care to disputants, and the recent elections for…
A New Approach to Intra-EU ISDS
…Vienna Convention and numerous citations of previous awards. It is under debate whether the interpretation Tribunals are making of the Vienna Convention is right or wrong. But it is undeniable…
Can Investment Arbitral Awards be Enforced in India?
…provided for in Art. I(3) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). Accordingly, Sec. 44 of the Act restricts the New York…
Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law
Legislation and Practice of Commercial Arbitration in Azerbaijan
…Convention, Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Other States – International Centre for Settlement of Investment Disputes of 1965 and European Convention on…
A Changing Landscape for International Energy Arbitration: A Report from the 6th Annual ITA-ICC-IEL Joint Conference
…ICSID Convention, many commentators were concerned about the end of ISDS writ large, but as we know, that was not the case. Although states may have their complaints with the…
Hong Kong, Investment Arbitration, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS, ISDS Reform
Hong Kong is Mapping the Way Forward in ISDS Reform
…mechanism could involve an amendment of the ICSID Convention, an inter se amendment of the ICSID Convention between two or more Contracting States (as suggested by Professor van den Berg…
Art and Arbitration: What Needs To Be Done To Improve The Security Of Art Sales And Transactions
…Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. As such, it is necessary to reach out to the competent court of the country in which the award…
Arbitration, arbitrator-party relationship, Arbitrators, arbitrators’ conduct, Lex Arbitri, Liability, Switzerland
The Law Applicable to Arbitrators’ Civil Liability from a European Point of View
…and worth analyzing. Before determining the law applicable to arbitrators’ civil liability, one needs to examine the relationship between the parties and the arbitrators. Neither the New York Convention nor…
The Contents of Journal of International Arbitration, Volume 36, Issue 2, 2018
…recent Singapore International Arbitration Centre (SIAC) Proposal on Cross-Institution Consolidation Protocol, explores the possibility of consolidating disputes that are conducted under different rules. After analysing SIAC’s Proposal, the author assesses…
Arbitration in Nigeria: Latest News about the Arbitration Bill and an $8.9 Billion Award
…examples from Singapore and Hong-Kong in this regard. The Singaporean Parliament, on 10 January 2017, passed the Civil Law (Amendment) Act (Bill No. 38/2016) (the Act), which entered into force…
BAC, China, CIETAC, CIETAC Investment Arbitration Rules, ICSID Arbitration, ICSID Convention, Investment Arbitration, SIAC Investment Arbitration Rules, UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules
New 2019 BAC Rules for International Investment Arbitration: A Chinese Approach to the Concerns over Investment Arbitration Regime
…investment arbitration rules. In the Asia-Pacific region, neither the SIAC nor the CIETAC incorporates the appellate procedure in their investment arbitration rules. The ICSID Convention Arbitration Rules also do not…
From the Archives: Follow the Yellow Brick Road to Danubia, Procedural Guidance for this Year’s Vis Moot
…seat as the law of the arbitration. Not to be left out of the debate, the Singapore High Court has also grappled with the tension between the procedural law of…
Taking a Second Bite of the Cherry: When is it Appropriate to Remit an Award Instead of Setting it Aside in Singapore?
Much ink has been spilt on the legal consequences of remitting an award back to an arbitral tribunal vis-à-vis setting it aside. The Singapore Court of Appeal in the seminal…
The Applicability of the Ukraine-Russia BIT to Investment Claims in Crimea: A Swiss Perspective
…facto control. This said, the Supreme Court recalled that, under Article 29 of the Vienna Convention on the Law of Treaties (“VCLT”), an international treaty is binding upon each contracting…
Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules
X CAI Costa Rica 2019: Developments and Challenges in International Arbitration
…of the awards, and how easy it is to enforce them in most countries of the world thanks to the New York Convention (“NYC”), on which an entire panel focused…
Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Ukraine
Ukraine’s Supreme Court Takes an Unexpected Approach on Sovereign Immunities
…sovereign immunity. The SC Judgment noted that the European Convention on Human Rights (“European Convention”) and the jurisprudence of the ECHR are directly applicable sources of Ukrainian law.10)Direct applicability is…
Abu Dhabi, Arbitral seat, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law
Abu Dhabi Global Market Courts Enhances its Attractiveness as an Arbitral Seat
…a court of the UAE, the ADGMC is bound by the UAE’s international obligations under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, the…
Arbitration Awards, Enforcement, Finality, Middle East, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates
The Interpretation of the New York Convention by the UAE Courts: a Geneva Flavor?
…(emphasis added) The Evolution of the Double-Exequatur Concept: The Geneva Convention As for the concept of double-exequatur, it should be noted that Article 4(2) of the 1927 Geneva Convention required…
The European and Singapore International Commercial Courts: Several Movements, a Single Symphony
…established in the last four years: the Singapore International Commercial Court (“SICC”) on 5 January 2015, the Chamber for International Commercial Disputes of the District Court of Frankfurt/Main (“Frankfurt ICC”)…
Approaches to Arbitration in Australia and Singapore
…and Hunter on International Arbitration (Oxford University Press, 5th Ed, 2009) at [4.43]. The Singapore approach Singapore’s approach has been noted on this blog, and was articulated by the…
Reflections on Default Number of Arbitrators under Expedited Procedure Rules
…procedure. A core concern of Article V(1)(d) of the New York Convention is how to weigh between party autonomy and institutional control in arbitration proceedings. Arbitration practitioners may recall the…