…treaty in question suffered violation, it should have directed the two parties to follow the procedure envisaged in the Vienna Convention, including the conciliation mechanism at the UN (see, for…
On 30 December 2016, The Singapore International Arbitration Centre (SIAC) finally released the first edition of its Investment Arbitration Rules (IA Rules). The IA Rules were first published as draft…
Introduction In BCY v BCZ [2016] SGHC 249, the High Court of Singapore found that parties could not be bound by an arbitration agreement that was part of an unexecuted…
…other countries are in the process of following their steps. Singapore and Hong-Kong are meaningful examples of this cultural shift. On 10 January 2017, the Singapore Parliament amended the Civil…
…the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Unfortunately, investment arbitration cases involving Poland are not publicly available. Recently, public was informed that…
…to the court proceedings. That article, in the vein of Article II (2) of the New York Convention, provides that the court is to leave the claim without consideration. It…
…enforcement of judgments in civil and commercial matters; the 2005 The Hague Convention on choice of court agreements; the 1968 Brussels Convention (predecessor to the Brussels I regulation) or the…
…be challenged at the enforcement stage on public policy grounds (Article V(2)(b) New York Convention). The likelihood of an award being set aside or denied enforcement on this ground will…
…Myanmar’s first Arbitration Act, arbitration’s popularity has grown particularly in the country’s neighboring ASEAN countries. For Myanmar, it was thus a logical imperative to accede to the 1958 Convention on…
…– from the legislature, to the courts, to the practitioners and parties involved. Many other jurisdictions, such as the United States, Singapore and Hong Kong also understand the importance that…
…at the seat will prevail. In the Dubai Court of Cassation’s reasoning, this is in keeping with the requirements of Art. V(1)(a) of the 1958 New York Convention (on the…
…Tanzania and designated as an agency pursuant to Article 25(1) of the ICSID Convention, concluded a power purchase agreement (“PPA”). In 1998 however, a dispute arose between the parties to…
…a signatory to the ICSID Convention. This, however, does not mean that BiH does not have its fair share of obstacles to overcome to increase foreign investments. In 2015, the…
…court with jurisdiction over the assets of the other party. Notably, if the tribunal’s decision takes the form of an award, the New York Convention would mandate enforcement in most…
Traditionally, arbitration agreements do not designate the law governing the arbitration agreement. In BCY v BCZ [2016] SGHC 249 (“BCY v. BCZ“), the Singapore High Court clarified the position in…
…dystopian international law world where investor protection trumps relevant binding obligations by States under international law. Harmonization is possible under the rules of the Vienna Convention on the Law of…
…intended to implement the U.N. Convention, the Senate highlighted that integrating a preliminary judicial authorisation for enforcement measures was not envisaged by the U.N. Convention and is therefore contrary to…
…of enforceability of an arbitral award across jurisdictions due to the popularity of the New York Convention, 1958 is a key advantage offered by arbitration. In addition, arbitration offers the…
…features that make arbitration attractive for businesses. These include the international recognition and enforcement of awards amongst the 160 New York Convention member countries, the choice of arbitrators, the adaptability…
…previous held view regarding the EU-Singapore FTA, which has also been finalized. Regarding, the EU-Singapore FTA, which is very similar to CETA, the previous European Commission has requested an Opinion…
…no such mechanism is in place. The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS Convention) by the OECD on 24 November…
…three arbitrators under the expedited rules. Third, the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) provide that “the case shall be referred to a sole arbitrator, unless…
…Conditions are not compatible with Russia’s obligations under the New York Convention (“NYC”), the European Arbitration Convention and the CIS Agreement on Settlement of Disputes related to the Commercial Activity…
…tribunal secretaries in arbitration, Clifford Chance recently hosted the HKIAC Tribunal Secretary Accreditation Programme in Singapore. This programme and a similar one being organised by the CIArb and LCIA are,…
