…a tribunal’s decision on the merits of such a dispute, on judicial set-aside actions, and on efforts to enforce any resulting awards under the New York Convention. He observed that,…
…21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed, a study by the Pew…
…by judges claiming that this would bring a heavy workload. Moreover, while international ad hoc awards are recognized and enforced in Latvia in accordance with the New York Convention, domestic…
…the arbitration clause read: “Arbitration in India or Singapore and English law to be (sic) apply.” A dispute arose ultimately reaching the Bombay High Court. The Bombay High Court held…
…arise in connection with the enforcement of foreign arbitral awards in Argentina in view of Article V.2(a) of the New York Convention. Court Review Paragraph 3 of Article 1656, which…
…view of the existing system’s inception and background. A confluence of more or less haphazard factors, including the elaboration of the Convention on the Settlement of Investment Disputes between States…
More than one year has passed since the U.S. and Cuba started to rekindle their relationship and restore economic ties. The Cuban government is opening the country to foreign investment,…
…located in other jurisdictions not familiar with these feature. Moreover, court decisions do not benefit from the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958….
…country, a number of African countries are not parties to the New York Convention, and of the 34 African countries signatory to the New York Convention, some countries, such as…
…judicial decisions have shown a restrictive approach to the enforcement of foreign awards under the New York Convention; on the other, a Presidential Decree issued in November 2014 requires public…
…refused the recognition and enforcement of the SCC arbitral award based on the public policy defense (Article V(2)(b) of the New York Convention 1958). Finally, in the case А40-50778/2015, the…
…is terminated. So far so good (in fact, very good). Ben Giaretta, a practitioner in Singapore, aptly characterized this on an international arbitration listserv as “Arbitral Panel version 2.0”, noting…
…for denying its enforcement (art. 36 MAL and New York Convention art. V.2(a)). Additionally, the fact that general and broad definitions are present in many arbitration laws does not help…
…interest underscores the need for impartial and independent arbitrators. Under ICSID Convention Articles 14 and 57, disqualification of an arbitrator is allowed upon sufficient proof of a “manifest lack of…
This is Part II of a previous blog, discussing a recent Award dated 27 October 2015 rendered in ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate…
…Convention for Settlement of Investment Disputes (ICSID), also commonly referred to as the Washington Convention, dismissed all claims brought by a US national against the Sultanate of Oman in relation…
…third-country nationals). – An appeal can be based on the grounds of Article 52 of the ICSID Convention or if the Tribunal: (i) erred in the interpretation or application of…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…grounds for annulment under the ICSID Convention: (i) manifest excess of powers, (ii) departure from a fundamental rule of procedure and, (iii) failure to state reasons in the award. The…
…and the existence of non-compensable measures has been also addressed by the European Convention of Human Rights in 1954, the Harvard Draft Articles on the International Responsibility of States for…
…The first such treaty with Singapore (2003), provided that each party was free to disclose ‘statements of its own positions or its submissions to the public’ if it protected ‘confidential…
…of the lack of consistent regulation. While some countries have prohibited the practice (see, for instance, Singapore), most of them have no laws or have applied dissimilar rules for regulating…
…the succeeding New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Furthermore, it has signed – but not yet ratified – the Washington Convention on…
…investment court to resolve disputes arising under the FTAs that the EU is currently negotiating with some Asian States (Malaysia, Thailand, India, Philippines and Japan). While the EU-Singapore FTA, which…
