…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…
…Article 26 of the Vienna Convention. It is not as if India would have no remedy. It would be an issue fully capable of being addressed in the arbitration itself….
…entirely to the digital world in resolving all types of disputes online like Singapore. Therefore it seemed vital to bring the debate about using technology in dispute resolution to Paris…
…an ex parte application for an order for recognition and enforcement and the requirements of service of such an application under the 1983 Riyadh Convention. The proceedings before the DIFC…
…promote institutionalized arbitration in India. This is also along the lines of how the appointment of arbitrators takes place in Singapore [thanks to Jeet Shroff for making me notice…
…fact that liability and ATE insurance are included while BTE insurance remains outside of its scope is again inconsistent. With regards to legislative efforts, Hong Kong and Singapore have recently…
…reasoning in Pittalis to uphold their validity. The Calcutta High Court’s position is, therefore, consistent with the current position in most common law countries, as observed in the Singapore High…
…under customary international law and Article 31 (3) (a) & (b) of Vienna Convention of [sic] Law of Treaties, that any interpretation of the Agreement take into account the Contracting…
…quite thoroughly. Further, pursuant to Article 39 and Article 11 of the Vienna Convention on the Law of Treaties (VCLT), states can amend treaties by “any means if agreed”. This…
…including oil and gas, power, construction, mining, air transportation, and infrastructure. An expert in investment arbitration, Ms. Marchili coauthored, with R. Doak Bishop, the treatise Annulment Under the ICSID Convention….
…give effect to the country’s ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Award, which Myanmar ratified in 2013. There is no doubt that the common…
…of enforcement. The US view did not prevail. 1) M. Paulsson, The 1958 New York Convention in Action, (Kluwer Law International 2016), p. 204. See also Convention on the Recognition…
…States in its free trade agreements with Singapore, Chile, and Morocco. Multilateral investment courts The anti-investor-state arbitration theme of the Committee is apparent from its suggestion that the…
…ICSID Convention, which provides that “except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any … counterclaims arising directly out of the subject-matter of…
…1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Castro v. Tri Marine Fish Co., LLC, 2017 WL 3262473 (W.D. Wash. July…
It has been ten years since Bolivia denounced the International Centre for Settlement of Investment Disputes Convention (“ICSID Convention”), becoming the first country to withdraw from the ICSID Convention in…
…authorised to convey or conclude business transactions in another person’s name and account. In accordance with Article II Paragraph 3 of the New York Convention on the Recognition and Enforcement…
…question we consider in this post is whether Contracting Parties to the New York Convention on the Enforcement of Foreign Arbitral Awards (“New York Convention”) must mandate the enforcement of…
