…the four criteria that defines a State – according to article 1 of the 1933 Montevideo Convention on the Rights and Duties of States – is the capacity to enter…
…security’s jurisdiction are not so developed and the country has acceded to the New York Convention. Mediation Many commercial courts now have almost a presumption of mediation in their rules…
…to decide the challenge. The applicable law was the ICSID Convention. The agreement on the use of IBA Guidelines allowed the parties to invoke its standards for disclosure and disqualification…
…Convention on Diplomatic Relations and the 2004 Convention on Jurisdictional Immunities of States and their Property) occasionally served as the basis for court decisions, the legal regime governing sovereign immunity…
…In its jurisdictional analysis, in addition to references to Article 31 of the Vienna Convention on the Law of Treaties (VCLT), the tribunal resorted to the principles of contemporaneity and…
…York Convention), bilateral agreements, or the UAA itself. Second, it addresses recognition only, and is silent on enforcement. An argument that it applies mutatis mutandis to enforcement, while highly plausible,…
…Israel’. The scope of application of the New York Convention covers, according to Article 1 of the Convention, both awards made outside the State where the recognition and enforcement are…
…The chairman of the three-member tribunal (the “Chair”) was a partner in the Singapore office of an international law firm (the “Firm”). In his Declaration of Impartiality and Independence submitted…
…plane its consent to be bound by a treaty’2)Article 2 Vienna Convention on the law of treaties (VCLT). should be distinguished from a domestic implementing act. The latter is an…
…arbitration proceedings. In 2017, Singapore established a framework for third party financing of international arbitrations by yet to be prescribed qualifying third-party funders1)Civil Law (Amendment) Act (Bill No. 38/2016), see…
Critics of the current investor-state arbitration regime may yet have their best days ahead of them. In the midst of tarnished FTA negotiations and in times of political uncertainty, they…
…to its counterparts in China, Hong Kong, Singapore and even recently Malaysia (KLRCA) and Korea (the KCAB). The JCAA might gain more critical mass and visibility if it merged with…
…posterior under Article 59 of the Vienna Convention on the Law of Treaties. This principle is often invoked along with Article 351 of the Treaty on the Functioning of the…
…Awards under the New York Convention, Experience and Prospects, Papers presented at “The New York Convention Day”, 10 June 1998, United Nations Publication, 24 (1999) and it continues to be…
…UNCITRAL Arbitration Rules in effect at the time of termination of the agreement. The administrative center is the Singapore International Arbitration Centre (“SIAC”) in accordance with its practice rules and…
…the Singapore Arbitration Act also allows the court to set an award aside for 9 different reasons ranging from party incapacity to inarbitrability, while Section 24 of the Singapore International…
…procedure of recognition and enforcement of international arbitral awards. Ukraine is a signatory of the 1958 New York Convention, therefore the grounds for refusing the recognition of an award are…
…of the New York Convention allows a national court to refuse recognition of an award where the party against whom the award is invoked is denied an opportunity to present…
…conduct their arbitrations with a seat in Singapore and London. In fact, 153 of the 307 cases administered by the Singapore International Arbitration Centre (SIAC) in 2016 involved Indian parties….
…sessions; and ensuring the free circulation of mediation settlement agreements. In A Magical Mediation Metaphor, Joel Lee shares a recording from the Singapore Institute of Dispute Resolution Academy’s Symposium on…
…rely on Article 72 of the ICSID Convention to decline jurisdiction over a claim filed after Venezuela had noticed it would denounce the ICSID Convention but before the 6-month period…
…reasons. The mammoth award was final, binding, and enforceable in 150 states under the New York Convention. However, Yukos faced several challenges in its efforts to collect on the USD…
…agreement and the condition for an arbitration agreement set forth in Article II of the New York Convention was not met. Thus, in accordance with Article V.1(a) of the Convention,…
…FTAs, which it has already negotiated (CETA, EU-Singapore FTA, EU-Vietnam FTA) or is currently negotiating (EU-Japan FTA), the proposal raises the question to what extent this is conducive to the…
