Oxy vs Ecuador: Chronicle of a Death Foretold
…award pursuant article 52 (1) (b) (excess of powers), (d) (departure from a fundamental rule of procedure), and (e) (failure to state the reasons of the award) of ICSID Convention….
…award pursuant article 52 (1) (b) (excess of powers), (d) (departure from a fundamental rule of procedure), and (e) (failure to state the reasons of the award) of ICSID Convention….
…These would aim to overcome the perceived inadequacy of the Vienna Convention on the Law of Treaties and align the formal rules with what is actually happening in practice. Essentially,…
…parties’ agreement, can decide on an issue of the existence and validity of an arbitration agreement. The recent decision of the Singapore High Court in Malini Ventura v Knight Capital…
…certain award and not the award itself is in conflict or in conformity with public policy following the wording of the New York Convention as well as the Model Law….
…of the New York Convention. Many law schools haven’t the faculty or even the most basic international law or arbitration texts they need for teaching. Even on-line research is like…
…Convention”), but not in all cases. A necessary precondition of an “award” in the sense of the New York Convention is the existence of “difference” between the parties. Article I…
…seated in New York, or between Swiss and French counsel involved in an arbitration in Geneva, or between UK lawyers practicing in Singapore involved in an arbitration in Dubai. The…
…Investment Disputes between States and Nationals of Other States of 1965 (the ICSID Convention). In accordance with its Article 68(2), the ICSID Convention will enter into force for Iraq on…
…parties.” Arguments for court-like reforms have led to important efforts, including the 2014 UN Transparency Convention. But what if Professor Mistelis is right and the transparency reforms do little to…
…Vienna Convention on the Law of Treaties and that the introductory note to the ECT provides that the ECT purpose is “to strengthen the rule of law on energy issues.”…
…the courts’ power to apply Article V(2) of the New York Convention [“NYC”] ex officio, the judiciary was also obliged to consider whether the arbitral tribunal analyzed relevant issues which…
…be reasonably necessary to ensure the protection and security of the covered investments.” Also, the Indonesia-Thailand BIT of 1998 provides for “full protection and security”, whereas the Indonesia-Singapore BIT of…
…New York Convention on the recognition and enforcement of foreign arbitral awards, done at New York on 10 June 1958) and as such must be complied with by EU Member…
…of the ICSID Convention, under which a large portion of investor-state arbitrations is conducted. 2. “The value of ISDS is suspect as views are divided on whether its inclusion in…
…continued, and an award can be rendered (s. 1032(3) ZPO).4)Under Art. VI(3) of the European Convention on International Commercial Arbitration of 1961 the situation differs: where either party to an…
…Western jurisdictions was strongly challenged, however, by Hong Kong (in third place, with 22% and 30%) and Singapore (in fourth place, with 19% and 24%). Singapore was also considered to…
…requirements are identical to those found in the New York Convention and the UNCITRAL Model Law (Model Law). However, interesting matter is that of arbitrability. A general rule is that…
…and European Convention for the Protection of Human Rights and Fundamental Freedoms (art. 13) every person whose rights and freedoms are violated shall have an effective remedy before a national…
…international press and national courts in, inter alia, Monaco, Singapore, Hong Kong and France, Rybolovlev and Bouvier could have considered to resolve their dispute using methods of alternative dispute resolution…
…party funding in several other jurisdiction (including England & Wales, Australia, USA, Mainland China, and Singapore). Justin D’Agostino, the Global Head of Herbert Smith Freehills’ Dispute Resolution practice and the…
…New York Convention. See, Yusuf Ahmed Alghanim & Sons, W.L.L. v. Toys “R” US, Inc., 126 F.3d 15 (2d Cir. 1997). Scholars and practitioners have suggested that the “manifest disregard…
…the United States, the UK, India, Singapore, the Philippines, China, France and Hong Kong. HKIAC handles a high volume of new cases annually. In 2014, 472 new disputes were filed…
…the PSI both in domestic courts and at ICSID. A class suit in national administrative courts arguing expropriation under the Greek Constitution and the violations of the European Convention of…
…those stated in article 52 of the ICSID Convention: (a) errors in the interpretation or application of the applicable law, and (b) manifest errors in the appreciation of the facts,…