Part I of this article analyzed the three jurisdictional requirements under the ICSID Convention for submission of counterclaims. Now we turn to three investor-State tribunal decisions decided within the last…
…be addressed in turn in Part II of this article. However, in Part I, it is worthwhile starting with the text of the ICSID Convention, which makes counterclaims possible in…
…the subject: Arbitrator Intelligence: The Pilot Project and Beyond; A Step toward Greater Transparency: The UN Transparency Convention; The Efficiency Train Has Left the Station: Transparency As the Next Destination…
…Convention delimits the scope of arbitral jurisdiction to investment disputes between a ‘Contracting State’ and a ‘national of another Contracting State’, defined as ‘any natural person who had the nationality…
In 1996, when the Brazilian Arbitration Act (“BAA”) came into force, the New York Convention (“NYC”) was still facing considerable resistance from the Brazilian Executive and Legislative branches. At that…
…will form the world’s largest free trade region, its members comprising about 40% of the global economy. TPP includes Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore,…
…setting aside an arbitral award is contradiction of a state’s public policy. Similarly, Article V(2)(b) of the New York Convention allows a court to refuse enforcement of an award on…
…proceedings must consider if they are potentially in breach of such regulations. Secondly, at the enforcement stage, if an award is challenged under the New York Convention 1958, on public…
…arising out of the New York Convention. The effectiveness of broadly worded agreements to arbitrate in relation to follow-on damages claims will likely remain subject to uncertainty in Europe, at…
…of the international arbitration regime in Singapore. She noted that in Singapore, the Court’s role in arbitration-related matters has been deliberately circumscribed so as to promote arbitration. She referred to…
…as well as that other often forgotten commodity which can be counterintuitive to advocates: silence. This post focuses on two talks delivered in Singapore in the past year or so…
…and the jurisdictional place, i.e. the country which should preferably be a signatory of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in order for…
…determination of whether the law was applied aptly to the facts for the purposes of the New York Convention, would be tantamount to reopening the award on merits, and would…
…Brussels Ibis but there is no overarching international instrument for enforcement of judgments. The New York Convention is, however, universally accepted and implemented and can ensure enforcement in a wide…
…of an award so rendered? Is it a “non-domestic award” under Art. 1(1) of the New York Convention (the “NYC”)? We will endeavour to navigate this modern Palace of Knossos,…
…intended precisely to replicate the grounds set out in Article V2(b) of the Convention, for if there were additional or wider grounds, UAE would be in breach of the Convention,…
…Would Singapore be a likely forum for treaty enforcement actions against Russia? Singapore adheres to the restrictive sovereign immunity doctrine. The position in Singapore with respect to State immunity is…
…be considered as being under “foreign control” for the purpose of Article 25 (2)(b)(ii) of the ICSID Convention, the tribunal found that: [W]hile neither the ICSID Convention nor relevant precedents…
…York Convention’s permission of review concerning jurisdiction (to a limited extent), the arbitrator’s discretion on her decision is limited. A part of arbitration is that the arbitrator knows that by…
…the text of Sir David’s reasoning, there is reason to believe that the instant ICC award qualified for recognition and enforcement under the 1958 New York Convention (on the recognition…
…final and binding award under the New York Convention. This will depend on the provisions of the arbitration laws in the relevant country and the approach taken by the national…
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this…
…is not a signatory to the New York Convention owning to its subtle status. To enforce a mainland China’s award or civil judgment in Taiwan, a party has to refer…
…Convention awards before the Dubai Courts, these may – out of all fairness – have significantly diminished, on which see my various reporting in this Blog, most recently in Case…
