…art. 7 SPILA will apply) or abroad (in which case art. II/3 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply). The scope…
…with a focus on the question whether an investment treaty applies territorially in annexed territory. Specifically, he analyzed the rule reflected in Article 29 of the Vienna Convention on the…
…way of background, Article 61(2) of the ICSID Convention gives the tribunal discretion to allocate costs of the arbitration as it deems appropriate. Prior to the Ansung Award, two of…
…jurisdictions, perhaps particularly Hong Kong and Singapore, may eventually develop ‘foreign’ case law resolving what particular circumstances may satisfy the various factors in the foreign elements test. After all, respondents…
…Model Law (after having incorporated the New York Convention in 1974). This follows other amendments to the IAA enacted in 2015 through two other omnibus Bills. The series of recent…
…here, the subject matter of an action or proceeding pending in a State court relates to an arbitration agreement or award falling under the Convention on the Recognition and Enforcement…
…relief from an emergency arbitrator, it must still deal with the question of enforcement. With the exception of Singapore and Hong Kong, in no other country orders of emergency arbitrators…
…a PCA tribunal seated in Singapore released its final award on costs. It is this final PCA award that the plaintiffs are seeking to enforce against Lesotho in Singapore. The…
…the New York Convention); (ii) in case the New York Convention does not regulate specific legal issues, Moldovan law will apply as supplementing the former; and (iii) in case the…
…Convention’ or ‘Convention’). The Changing Political View and Judicial Approach to Commercial Arbitration The impetus to chart a new path to commercial arbitration, especially international commercial arbitration, may have been…
…of the UN Convention on Jurisdictional Immunities of States and their Property (the “UN Convention”), most of which – although not yet in force and not yet ratified by The…
…and future conventions such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), the Convention on Choice of Court Agreements (2005), and the 2016…
…Multilateral Investment Guarantee Agency (MIGA Convention) and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014) (Mauritius Convention on Transparency) now activated. But this course can…
…Singapore’s International Arbitration Act (IAA) and Article 11(3) of the Model Law. Critically, Article 11(3) applies only if the place of arbitration is Singapore. This case is noteworthy because the…
…located in the same jurisdiction as the Buyer, which is helpful in collecting the debt, especially if the Buyer defaults. This approach was reflected in the 1988 UNIDROIT Convention on…
…not provide for recourse against foreign arbitral awards, but enforcement can be refused for the reasons laid out in the New York Convention, which Greece joined in 1961. Attempting to…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is a lynchpin of the international arbitration system. The New York Convention…
…reflected in Article 31 of the Vienna Convention on the Law of Treaties, taken together with the customary principle of self determination, precluded an interpretation of the “territory of the…
…legislation in Asia”, Nadja Alexander provides an overview of Singapore’s dispute resolution services for commercial cross-border disputes. Nadja also offers further analysis on the recent Singapore Mediation Act. In “Do…
…acts, relating to TMT’s margin trades. The Defendants applied for a stay of the Singapore proceedings and succeeded before an Assistant Registrar. On appeal before the Singapore High Court, TMT…
…however, the writing requirement is interpreted more liberally by various jurisdictions. The courts in U.S.A, Singapore and even in India have clarified that the mere absence of a signature will…
…the Washington Convention of 1965 nor of any ratified BIT (Bilateral Investment Treaty). The country has relied on commercial arbitration to resolve disputes with State parties, mostly based on arbitration…
…Arbitration under the ICSID Convention, by contrast, is “self-enclosed” in the sense that all such matters are regulated within the Convention itself. In fact, one stated intention behind the ICSID…
…Award, see Markus Burgstaller, Recognition and Enforcement of ICSID Awards: The ICSID Convention and the European Union, in Crina Baltag (ed.), ICSID Convention After 50 Years: Unsettled Issues, 2017, Wolters…
