…under Malaysia’s 1992 International Organisations (Privileges and Immunity) Act and the Vienna Convention on Diplomatic Relations (18 April 1961) (Vienna Convention). As a result, he cannot be arrested, detained or…
…renowned for its scepticism of and disengagement with ISDS. After the famous “Tokyo No” meeting in 1964, all Latin American countries voted against the ICSID Convention. Brazil, the largest economy…
…York Convention and the UNCITRAL Model Law, in Colombia the concept of public policy is that of “international public policy”, which restricts even more such concept and provides a more…
…York Convention Article V(1)(c) prohibition on decisions dealing with “a difference not contemplated by or not falling within the terms of the submission to arbitration”. The Terms of Reference preserve…
…that had jurisdiction in the international sense in accordance with Article II (3) of the New York Convention on the Enforcement and Recognition of Foreign Arbitral Awards and is capable…
…question is whether these declarations constitute “subsequent agreements” in the sense of Article 31.3.a of the Vienna Convention on the Law of Treaties (VCLT). 2.2. The Tension Between Member States’…
…with educating the public on the advantages of such alternative mechanisms, especially in the context of the draft Singapore Convention on the International Settlement Agreements resulting from Mediation. With respect…
…Arbitrator Intelligence will provide institutions with free AI Reports, when they are ready. The AIQ was launched in the summer of 2017 in conjunction with the Singapore International Arbitration Centre…
…Issue 1, pp. 7–35 The climate change mitigation and adaptation objectives set by the Paris Agreement under the United Nations Framework Convention on Climate Change (UNFCCC) and the broader Sustainable…
…of enforcing arbitration agreements under the New York Convention) that arbitration clauses must be construed with pro-enforcement spirit and upheld when parties’ intention to refer their disputes to arbitration is…
…(the “REFAA Act”) which was promulgated to give effect to the New York Convention, that was signed by South Africa in 1976. The REFAA Act recognised that a foreign arbitral…
…the debate therein regarding the limitation of review powers of an ICSID committee under the ICSID Convention. Factual Background Prof. Kaufmann-Kohler started to act as a member of the Board…
…albeit obiter, appears to put Singapore arbitration law onto a different footing from English arbitration law. The Court departed from earlier Singapore and English authorities (describing the reasoning in the…
…its dispute to arbitration – and bar either party from invoking the jurisdiction of otherwise competent courts – where there is an agreement to arbitrate. The New York Convention requires…
…award. Unlike enforcement under the New York Convention, the ICSID Convention, to which Sweden is a Contracting State since 1967, provides for a self-contained enforcement regime which allows no review…
The Public Policy Exception as an Unruly Horse There is an ongoing quest for a uniform application of the New York Convention. However, the interpretation of the exceptions to enforcement…
…company, rendered under the UNCITRAL Arbitration Rules by a tribunal seated in Paris. With reference to article III of the New York Convention, the Supreme Court held that, for attachment…
…submitted against this. Under both CETA and EUVIPA, the parties have a choice to submit claims under the rules prescribed in the agreement; the rules of ICSID Convention and Rules…
…that African States were actively involved in the negotiation and entry into force of the ICSID Convention. Indeed, 15 of the 20 ratifications necessary for the Convention to enter into…
…jurisdictions including Singapore, Australia, and England and Wales, which permit TPF for arbitration. (Sensibly, the updated AO also permits the funding of services in Hong Kong in respect of arbitrations…
…that the award complies with Art. V of the New York Convention and, therefore, recognized and enforced it. Plant appealed such decision and the case found its way to the…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York) celebrated its 60th anniversary in 2018 (“Convention”). Since its inception, 159 Contracting States have joined the…
…has protected autonomy of EU in many cases and call it as the “essential” characteristics2)Opinion 2/13 on accession of EU to the European Convention on Human Rights of 18.12.2014 ,…
…disputes for which funding can be provided, such as litigation in the Singapore International Commercial Court or in the high courts of Hong Kong or Singapore. Any such extension will…
