…arbitration the rule of law can spread from the prominent arbitral seats like London, New York, Hong Kong, Singapore, Paris and Vienna to emerging markets in Africa, Asia, and Latin…
…Commission indirectly divested the functions granted to ICSID tribunals and ad hoc committees (Chapter VII ICSID Convention). In particular, the Commission’s scrutiny implemented to the Micula Award could be treated…
…e-convention hosted in London in October 2014 in which approximately 150 delegates from over 20 countries took part, 54% of the delegates falling into the category of arbitration “users” indicated…
…ICSID. One of the grounds for annulment raised by Peru was article 52(1)(d) of the ICSID Convention (serious departure from a fundamental rule of procedure) because the Tribunal had failed…
…EA are of a contractual nature, deprived of finality, they are not enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NY Convention”). This…
…the provisions of the Convention at the municipal level. Having satisfied itself that Germany, the jurisdictional origin of the award subject to enforcement, qualified as another Convention country, the Court…
…and normally refer to arbitration under ICSID. The first investment law Egypt adopted after acceding to ICSID Convention was Law 43/1974 concerning the Investment of Arab and Foreign Funds and…
…arbitration which remained Stuttgart, Germany. Applicability of NY Convention in the UAE Since the UAE ratified the New York Convention in 2006, the provisions for recognition set out in the…
…Vienna or Singapore. Convergence here, as in the field of international arbitration more generally, has seemed inevitable. Most if not all rules contain provisions that guarantee a basic level of…
…reflects Article V(1)(e) of the New York Convention (“NY Convention”) which provides that recognition and enforcement of the award may be refused if the party proves “[…]that the award has…
…Alstom’s favour in a SIAC arbitration seated in Singapore. The awards had been recognised in Hong Kong and England& Wales but denied recognition by the Chinese courts. Alstom argued that…
…pay, through arbitration. The main benefit will be the enhanced enforceability of “judgment-converted-awards” under international enforcement instruments typically applicable to international arbitration awards, e.g. the 1958 New York Convention on…
…worldwide enforceability of arbitral awards under the New York Convention. At the time of writing, 154 States have acceded to the New York Convention (including the world’s most prevalent financial…
…the relevant dispute are party also to the Convention; in other cases the position is less clear (see Articles 30(3) and 30(4) of the Vienna Convention). Second, the Convention does…
…corrected”.1)Petroships Pte Ltd of Singapore v Petec Trading and Investment Corporation of Vietnam and Others (the Petro Ranger) (2001) 2 Lloyd’s Rep 348. The threshold to meet this test is…
…treaty. Gerald Fitzmaurice, whose work on the practice of the International Court of Justice inspired the codification of the general rule of treaty interpretation embodied in the Vienna Convention on…
…set aside by the courts at the place of arbitration or that might be subject to refusal of recognition and enforcement under Art. V of the New York Convention for…
…Bill) 1998/99:35 pp 67-68. This is at variance with the Model Law and the New York Convention and many other national arbitration laws. It is worth noting that an arbitration…
…awards in China When the SPC drafted the Arrangement in 1999, inspiration was taken from the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the ‘New York…
…India-France BIT (“BIT Arbitration”), naming the Republic of India, the State of West Bengal and the Port Trust as Respondents. India is not a signatory to the ICSID Convention and…
…made pursuant to the BAT would be subject to recognition in the contracting states pursuant to the terms of the New York Convention and, subject to additional arrangements, in all…
…to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). Khan officials have stated in an official press release on the award that they would…
…jurisdiction over the matter and found the Seller liable for breach of contract. Singapore High Court Decision The Seller applied to set aside the award before the Singapore High Court…
…enforcement rather than seek to set aside the jurisdiction Award in Singapore. But the Singapore Court of Appeal had already decided that this choice was First Media’s statutory right. Likewise,…
