…5 of the New York Convention, Sun explained that the public policy grounds under Chinese law are narrow, and courts restrictively apply them. (The grounds are violation of the fundamental…
…White & Case Paris, Bernard Hanotiau of Hanotiau & Van den Berg and Court Member of the Singapore International Arbitration Centre (“SIAC”), and Christine Artero of Arbitration Chambers, Singapore—who all…
…noting a significant increase in disputes, both domestic and cross-border, and identifying Hong Kong, Singapore, Paris, and California as preferred seats for cross-border arbitrations. She explored the practical challenges in…
…annulled at the seat of the arbitration. He first mentioned that the Federal Arbitration Act, the legislation implementing the New York Convention, provides that an award shall be enforced unless…
…a frontal violation of Art. II(3) of the New York Convention (“NYC”). It is unarguable that an arbitration agreement “null and void, inoperative or incapable of being performed” if seated…
…of the Convention into the Indian Statutory Framework Part II of the Act implements the Convention and incorporates the Convention’s mandate to recognise and enforce foreign awards seated in Convention…
…circumstances in which a party may apply for court-ordered interim measures. Section 12A of the Singapore International Arbitration Act 1994 provides that Singapore courts may only order interim measures in…
…application on the basis that it had violated Ukraine’s public policy, domestic courts cannot refuse to enforce an award rendered under the ICSID Convention. However, the New York Convention allows…
…has also historically understood the importance of recognising and enforcing arbitral awards. In this regard, in 1976, South Africa acceded to the United Nations Convention on the Recognition and Enforcement…
The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April…
…to the approach taken by several Latin American States concerning their bilateral investment treaties (“BITs”). Some countries have chosen to terminate their BITs or withdraw from the ICSID Convention, such…
…The seat of the arbitration was Singapore. By award dated March 10, 2022, the Arbitration Tribunal ordered the Respondent to pay US$ 89,100, plus interest, costs (reimbursement of fees paid…
…the 1958 New York Convention on the applicability and recognition of foreign arbitral awards. More than 100 years have passed since its creation, resulting in remarkable achievements: the ICC Court…
…ICSID Convention was being ratified”. Fraser J ruled that these submissions were misplaced because, so it was held, they ignored the “content and effect of the ICSID Convention, the terms…
…oath or affirmation (usually, common law jurisdictions). For example, see Section 38(5) of the UK’s Arbitration Act 1996 or Section 12(2) of Singapore’s International Arbitration Act 1994, which empower a…
…state party to the convention. Overall, the SMAC v Ryanair decision may be paving the way for corporate restructuring to benefit from the 1961 Convention akin to what is sometimes…
…conduct. In addition, the EU is exporting this body of law by integrating it in its recent free trade and investment agreements such as CETA, EU-Singapore FTA and EU-Vietnam FTA,…
…Convention, a State waives its sovereign immunity under Australia’s Foreign Sovereign Immunity (FSI) Act in relation to proceedings for recognition and enforcement of foreign arbitral awards. The Court reasoned that…
…the scene of the problem sooner than competition.” A few years ago, I had the pleasure of hosting a fascinating session on AI and Arbitration in Singapore by Professor Dr…
…the future. Caroline Kleiner continued to discuss the enforcement of arbitral awards. Under the New York Convention, four grounds could potentially be invoked to refuse enforcement, including on the basis…
…under the New York Convention, namely that national courts of Contracting Parties have an obligation to refer parties to arbitration unless the arbitration agreement is found to be “null and…
…arisen since the old law was introduced, as well as to address inconsistencies between applicable national and international laws such as the New York Convention. The panellists also considered potential…
…cornerstone international instruments as UNCITRAL Model Law and New York Convention point towards such approach, including Art. 1(2) of the Model Law providing for its domestic application and Art. V(1)(e)…
…that the plaintiff failed to, inter alia, prove a failed attempt to obtain third party funding. According to the Supreme Court, which relied on, inter alia, European Convention of Human…
