…Washington Convention, the creation of a special commission for the audit of BITs and the investment arbitral system (CAITISA), the apparently future establishment of an international arbitration centre by the…
…May 1992). Consequently, whereas, for example, the courts of England, Singapore and Australia will seek to construe arbitration clauses in a way that provides them with enforceable content, the UAE…
…is given under Article 44 of the ICSID convention has a major role to play in the development of the mass claims proceedings in investment arbitration. It opens the doors…
…still is, central to an animated debate in most European jurisdictions. The New York Convention 1958 on the recognition and enforcement of foreign arbitral award (“NYC”), which also deals with…
…and the Singapore International Mediation Centre (SIMC), which launched on 5 November 2014, to offer an Arb-Med-Arb service, which is the first of its kind anywhere in the world. SIAC…
…recently decided in the Singapore High Court are noteworthy with regard to the enforceability of binding dispute board decisions. In this regard the second HC decision rendered on 16 July…
…Convention and Additional Facility (AF) Rules. Of these: 54% (some 260 cases) involved a claimant that was from an EU Member State; and 12% (55 cases) involved a respondent State…
…the merits to date, Professor Strong ends her book by assessing how the New York Convention would apply to the enforcement of awards in group arbitration, and in the case…
…Convention and are able to position themselves as the most attractive venue for arbitrations. Moreover, the modernization of domestic arbitration laws is evidence that Gulf States have taken their pro-arbitration…
…example, the English Arbitration Act, or the Singapore International Arbitration Act). This notwithstanding, the applicability of such legislation in any concrete case is predicated upon identification of an arbitral tribunal…
…Centre and the Singapore International Arbitration Centre. This reflects a trend of harmonisation in procedures across arbitral institutions. Moreover, the fact that CIETAC’s rules now envisage state-of-the-art procedures implemented elsewhere,…
…freedom under the EU Treaty was in Violation of Germany’s ordre public. Pursuant to Article 5 of the New York Convention, the CAS arbitral award was not capable of recognition…
…language in Article 47 of the Convention implies a presumption against security for costs; (2) by acceding to the ICSID Convention States assume the risk that the claimant may turn…
…event of default on the external Bonds. Article 54 of the ICSID Convention (the “Convention”) obliges to enforce an ICSID award “as if it were a final judgment of a…
and Paul Tan, Jawad Ahmad and Victor Steinmetz, Rajah & Tann Singapore LLP In what marks the first time where a Singapore court reviews an investment arbitral tribunal’s jurisdiction, the…
and Mitchell Moranis, WilmerHale As discussed recently in this forum, the Vienna Convention on the Law of Treaties is the prevailing mechanism for the interpretation of investment treaties (Interpreting Investment…
…(ECT) or the ICSID Convention. In contrast for those who continue to approach investment law arbitration from a public international law perspective, there is no reason to treat EU law…
…a BIT and the European Convention on Human Rights (“the Convention”). This is particularly the case where investors invoke, in one way or another, a breach to their right to…
…be noted that this new ground is not found in either the New York Convention (ratified by Brazil in 2002) or the BAA, which are the primary legislative sources for…
…public disputes. Initiatives like the recent UNCITRAL Rules on Transparency in Treaty-based Investment Arbitration and the brand new UN Convention on Transparency in Treaty-based Investment Arbitration are making great strides…
…Article 6(1) of the European Convention on Human Rights (reference was particularly made to Berger/Kellerhals, International and Domestic Arbitration in Switzerland, 2nd ed. 2010, N 1043; Kaufmann-Kohler/Rigozzi, Arbitrage International, 2nd…
…to disclosure of confidential information; e. applications for relief under miscellaneous provisions of the Model Law; and f. applications for enforcement of an Investment Convention award. The Practice Note confirms…
…Chamber of Commerce.” Clause 30.3 also stated that “[t]he arbitration proceedings shall be held at Singapore.” The reference to a non-existent arbitration institution – the “Singapore Chamber of Commerce” –…
…easily enforced abroad in the absence of a litigation equivalent to the New York Convention. The Singapore Government is reportedly studying Singapore’s possible accession to the Hague Convention on the…
