Singapore’s longstanding reputation as an arbitration friendly jurisdiction was reinforced in 2010 with the legislature’s adoption of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration. The…
Recently, the Indian courts have seen a heartening change with respect to the court adopting a pro-arbitration approach. However, for arbitrations seated in India, the decision of ONGC v Western…
…and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force. The parties further agree…
…to their chosen method of dispute resolution. Most commentaries dealing with Singapore cases highlight the pro-arbitration stance of the Singapore courts. No doubt, the Singapore courts have adopted an “unequivocal…
…as supplementary means of interpretation in the sense of Article 32 of the Vienna Convention on the Law of Treaties, to the extent that, according to the tribunal, Article 38(1)(d)…
…work of UNCITRAL, in particular the 2013 Transparency Rules, the Transparency Registry and the 2014 UN Transparency Convention (adopted by the UN General Assembly on 10 December) that will be…
The case of Perenco Ecuador Limited v Republic of Ecuador, ICSID Case No. ARB/08/6 (Decision, 12 September 2014), is one of a number of investor-state disputes to arise from the…
…investigation was, under Lithuanian law, non-arbitrable and that the award was contrary to public policy. Recognition was thus refused under Articles V(2)(a) and (b) of the New York Convention 1958…
…• In Singapore, due to the enduring influence of the common law torts of maintenance and champerty, third party funding agreements may be unenforceable (see The Law Society of Singapore…
…on the Law of Treaties and noted in this context that Article 31(1) of the Vienna Convention speaks of interpreting a treaty in good faith and “in accordance with the…
…make it clear that the recast Regulation shall not affect the application of the New York Convention (the “Convention”). The recast Regulation should allow a court to enforce an arbitral…
…same time, they gradually changed their policies with respect to investment protection and international arbitration. As part of this process, most Latin American countries ratified the ICSID Convention. Investment treaty…
…UNCITRAL and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention in this area of law….
…Article 61(1) of the ICSID Convention which deals with conciliation and explicitly provides that costs “shall be borne equally by the parties”, no such rule exists with regard to arbitration…
In an Award on Jurisdiction rendered earlier this year under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) in ICSID…
…• They enjoy a wide international recognition, as Romania ratified the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; • The arbitrators’ expertise: The arbitrators…
…Berg, have proposed a ‘new’ convention that would take the review of arbitral awards out of the hands of national courts. This proposal, loosely based on the ICSID Convention, would…
…show. Legislation International arbitration awards made in Singapore are final and binding on the parties, and not subject to a right of appeal, pursuant to section 19B of Singapore’s International…
…when they have to travel to the European Union, Canada, Australia, Japan, Singapore, and many other traditional arbitration jurisdictions. Hong Kong conveniently offers visas on arrival. These recent developments would…
…enforcement instruments, most importantly the 1958 New York Convention and essentially “enhance the enforceability of a DIFC Court judgment”. Chief Justice Hwang emphasised that the new Practice Direction did not…
…for leave to appeal, the Supreme Court made two disconcerting findings. First, the Court found that the New York Convention did not apply to the parties’ arbitration agreement because, even…
…a brief reminder of the facts: Banyan Tree Corporate PTE LTD (“Banyan”), an award creditor incorporated in Singapore, sought from the DIFC Courts an order for recognition and enforcement of…
…Amendment involves rewriting the Washington Convention to provide for juries. As the proponents of an ICSID appellate body have fatalistically recognised, however, amending the Washington Convention is not realistic. Augmentation…
…convention on the recognition and enforcement of mediated settlements (i.e. a mediation equivalent of the New York Convention on the recognition and enforcement of arbitral awards). No users, but over…
