…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…
…a foreign court has already ruled upon an issue relevant to the grounds for refusal under Article V of the 1958 New York Convention. It argues that arbitration-related judgments like…
…basis, the number of women appointed as arbitrators • Gabrielle Kaufmann Kohler and Michele Potestà suggest that the UN Convention on Transparency in Treaty-based Investor State Arbitration (Mauritius Convention) could…
…to the 1958 New York Convention (launched in 2010). “I started the idea of ICCA Publications and the first publication was the ICCA Yearbook,” said Prof. Sanders in a 2011…
…Ecuador and Bolivia have terminated a significant number of their bilateral investment treaties (BITs), and others—particularly in Latin America—have denounced the ICSID Convention. In a luncheon interview conducted by Professor…
…46 ICSID Convention does not open the door for any unilateral determination of the Tribunal’s competence. Moreover, even if assuming that Claimants had restricted its acceptance of the offer in…
…the implications it may have for investors in Poland. Termination Process While the Vienna Convention on the Law of Treaties (“VCLT”) lists various scenarios that result in a treaty ceasing…
…the examples of Hong Kong, Switzerland and Singapore as evidence of the close link between dispute resolution services and financial services. However, Ms Hendy maintained that there was little point…
…leading arbitration institutions including the Singapore International Arbitration Centre (“SIAC”), the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”), and the London Court of International Arbitration (“LCIA”). They therefore…
…New York Convention, which allows contradictory outcomes of nullification and enforcement of the same award in different jurisdictions. Further, the Judicial Committee’s decision inviting the DIFC Courts to “cease from…
…international commercial arbitration. Singapore is home to the Singapore International Arbitration Centre (SIAC) and the local arbitration laws explicitly provide for confidentiality in court proceedings emanating from arbitration on the…
…the refusal of recognition or enforcement set out in Article V of the New York convention. Adopting a similar approach to our previous blog, we systematically reviewed all English court…
…funding arrangements. On 10 January 2017, the Singapore Parliament passed a bill allowing for third party funding for arbitrations in Singapore. On 11 January 2017, Hong Kong similarly introduced a…
…(ii) the UNCITRAL Transparency Registry, a repository for the publication of information and documents in treaty-based investor-State arbitration, and (iii) the Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius…
…be enforceable and therefore effective. This is because only final, not interim, arbitral awards are enforceable under the New York Convention. As an award rendered by an emergency arbitrator can…
…Kong, Stockholm, Vienna, and Singapore). A healthy ambition to reflect the best of modern arbitration practices became a driving factor for the reconsideration of the ICAC Rules as well. Under…
…York Convention (“NY Convention”). In addition, Article 22(1) of the Mercosur Convention on International Commercial Arbitration enshrines the “unity of jurisdiction” principle providing exclusive jurisdiction to the courts of the…
…violation of public policy only on the basis of the New York Convention, as the ICAA will no longer feature this specific ground. More importantly, if a tribunal is seated…
