…Enforcement of Arbitral Awards (‘New York Convention’), described the Hague Convention on Choice of Court Agreements (‘Hague Convention’) as “a sort of mini version of the New York Convention for…
…important to the decision as to whether to enforce the award, the New York Convention did not create an obligation to refuse enforcement in such situations, but only a permission…
Under Article V(1)(e) of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”), a court presented with an action to enforce…
…the remaining ones going to the Netherlands, Nigeria and Singapore. Arbitrator Background In order to assess the professional backgrounds of the arbitrators, I ran Google searches against the names published…
…a bankruptcy administrator is entitled, with the permission of the court, to deny the enforcement of an arbitration agreement (Poland, Singapore). Quite the opposite, in some other jurisdictions, an arbitration…
…that the framework relevant to the assessment of the law applicable to UACs is provided by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of…
…a theme first developed by the WG during its drafting of the UNCITRAL Transparency Rules, and the Convention. It signifies a further fragmentation of investment arbitration between treaty-based and other…
…extensive interest and comment for its findings on rights and maritime entitlements, and the obligations of States under the United Nations Convention on the Law of the Sea (“UNCLOS”). However,…
…provisions, Article 21(a) of the ICSID Convention goes beyond such restriction of liability and grants broad immunity to arbitrators from legal process with respect to acts performed by them in…
In Luxembourg, international arbitration awards are enforced pursuant to the New York Convention of 10 June 1958 (the ‘Convention”), or, where that Convention does not apply, pursuant to the provisions…
…the Convention Establishing the Multilateral Investment Guarantee Agency (1985), singularly, sought to define the term “Expropriation and Similar Measures” in its contemporary context. In the Convention’s Article 11(ii) the term…
…reporting of bribery. Earlier anti-bribery treaties, such as the U.N. Convention against Corruption and the OECD’s Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions already address…
…Law and International Arbitration, The University of Sydney Faculty of Law José Feris, Deputy Secretary-General, ICC International Court of Arbitration, Paris Henry Gao, Associate Professor, Singapore Management University Meg Kinnear,…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve disputes….
Introduction On 12 July 2016, a five-member arbitral tribunal (the Tribunal) constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) issued its long-awaited…
…Convention) ‘evince a pro-enforcement bias’. (Id. at p. 25). Although the US has an arbitration friendly attitude, one must not forget that the purpose of the New York Convention is…
…dispute resolution clause akin to the Arb-Med-Arb clause (“AMA”), as provided and administered by the Singapore International Arbitration Centre (“SIAC”) and the Singapore International Mediation Centre (“SIMC”) is an incentive…
…since Gramercy filed its notice of arbitration under UNCITRAL arbitration rules, it sidestepped the controversial question of whether the ICSID Convention imposes a test independent of the applicable investment agreement…
…its country of origin, whether Convention or non-Convention. The wording of the Dubai Court of Cassation appears to make recognition and enforcement under the Convention conditional upon Convention membership of…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”) is the engine that makes international arbitration an effective mechanism to resolve…
…The UK and all other EU Member States are party to the New York Convention, and their obligations under the Convention are entirely independent of EU membership. As such, following…
…New York Convention and Section 36.1(a)(v) of the Chilean International Commercial Arbitration Act (the “Act”), given that Qisheng had not attached to its request a certificate from the ICC attesting…
The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“The New York Convention”) is an international instrument: a treaty between 156 States. It is interpreted…
…monitoring the case should fall within this non-exhaustive list and mandate an exception to confidentiality. In the absence of any international convention, soft law, principle, practice, case law, or authority…
