…allegations can be denied recognition and enforceability based on public policy grounds, Art. V (2) (b) New York Convention. Generally, the concept of public policy is construed narrowly. A public…
…are not suitable in local courts. US Laws such as the FAA and treaties such as the New York Convention seem to have understood this balance as well as the…
…13 of the ICSID Convention, each of its Contracting States may designate up to four persons to each Panel. In addition, the Chairman of the Administrative Council (the Chairman) may…
…is enforceable in 157 countries under the New York Convention, it also allows cryptocurrency issuers and investors to choose expert decision-makers equipped to deal with technically complex disputes, as well…
…“foreign”) arbitration awards are enforceable in more than 157 countries through the New York Convention. In contrast, parties to domestic arbitrations cannot avail themselves of the New York Convention mechanism…
…dispute settlement (ISDS). The first part consisted of a review of the law applicable to entering and withdrawing from the International Centre for Settlement of Investment Disputes (ICSID) Convention (the…
…a global financial centre, capable of facilitating cross-border trade and investment with ease. The top five jurisdictions include: London, New York, Singapore, Hong Kong and Tokyo. Each of these are…
…with the value of the New York Convention and other international conventions. This is particularly ironic because the conventions provide significant benefits, especially for an industry sector that has globalized…
…process. The exact scope of this freedom is unclear, especially where fundamental rights of the European Convention of Human Rights (ECHR) are at stake. On 1 March 2016, the European…
…responsibility under international law and started to fulfil its international obligations it has entered into under its ten BITs, which are in force, and the ICSID Convention. Therefore, the chances…
…validity of unilateral option clauses (or ‘sole option clauses’) in contracts. The Singapore Court of Appeal reaffirmed the Singapore High Court’s decision to uphold the validity of a unilateral option…
…Courts in relation to the recognition and enforcement of a New York Convention award rendered in London under the London Maritime Arbitration Association (LMAA) Rules. The award found in favour…
…procedural protections afforded by investor-state dispute settlement (ISDS). This first part begins with a review of the law governing entering and denouncing the ICSID Convention (the “Convention”), as well as…
…affected by Brexit. The UK remains a party to the New York Convention and the ICSID Convention. The 1996 English Arbitration Act will remain in force and the body of…
…the EC issued a Recommendation for a Council Decision authorising the opening of negotiations for a Convention establishing a multilateral court for the settlement of investment disputes; the Belgian government…
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
…when Cambodia became a party to the ICSID Convention; – Cambodia ratified the ICSID Convention in December 2004; and – the case was initiated after the entry into force of…
…choose Hong Kong or Singapore as the seat to have ample choice of legal counsel. Australia, like Hong Kong and Singapore, has seen a proliferation of international law firms in…
…She did not address the potentially conflicting international obligations arising out the ICSID Convention and the extradition agreement between the UK and Albania. This is partially the result of Albania’s…
…of Singapore ruled (in contrast to the sole arbitrator appointed by the ICC Court in the preceding ICC arbitration proceedings) that an arbitration clause in an unexecuted draft Sale and…
…with the mandatory standard in Article VII of the New York Convention, which requires that “the provisions of the present Convention shall not… deprive any interested party of any right…
…the New York Convention (“NYC”), explaining that the notion of public order must be analyzed in light of this principle to avoid extensive interpretations and limit the application of the…
…to the New York Convention and 153 States are parties to the ICSID Convention. While some States such as Ecuador, Bolivia, India, South Africa, and Indonesia have terminated various BITs…
…the award exceeded the scope of the submission to arbitration. Singapore High Court’s decision The Singapore High Court, applying a de novo standard of review, set aside the award…
