…the New York Convention? With view to the form requirements for arbitration clauses, the German Federal Supreme Court found that Article II(1) of the New York Convention does not necessarily…
…subject to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Germany is a signatory. This is because the order shows the general understanding…
…the ICSID Convention, and signed fourteen (14) Bilateral Investment Treaties – BITs, but never ratified them). (ii) Bolivia’s, Ecuador’s and Venezuela’s withdrawal from the ICSID Convention, due to alleged structural…
…that the New York Convention provides a presumption of a ‘real and substantial connection’ and explicitly permits parties to an international arbitration to enforce an award in any contracting state….
…Convention). According to this outsider’s perspective, it seems that the SCI cured the patients’ disease, but did so while prescribing the incorrect medication. Meanwhile, the ghost of the Bhatia decision…
…users to benefit from the scope and ease of enforcement of arbitral awards under international enforcement instruments and most importantly the New York Convention (on the recognition and enforcement of…
…kinds of arbitral awards for which recognition and enforcement shall be given based on the Convention: “This convention shall apply to the recognition and enforcement of arbitral awards made in…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is given effect in England and Wales through sections 100 to 103 of the Arbitration…
…has led to the withdrawal from the ICSID Convention by several Latin American countries. Interestingly, however, according to recent ICSID statistics, cases filed against Latin American countries have decreased. In…
…convention had already been in force. We were in mediation and had reached a settlement. Under the proposed convention, this would have been enough to obtain cross-border enforceability. An enforcement…
The ICSID Convention threshold for arbitrators’ challenges, upholding challenges only if arbitrators exhibit a manifest lack of the qualities required to sit as arbitrators (Art. 57 ICSID Convention), has in…
…key offshore arbitral institutions such as the Hong Kong International Arbitration Centre, the Singapore International Arbitration Centre and the International Chamber of Commerce. However, it is not entirely clear whether…
…in the creation the Model Law, the UNCITRAL Rules, the New York Convention, the ICSID Convention, and other instruments which were written during international arbitration’s foundational era of the mid-1950’s…
…Conditions” for investors? [A sub-argument was whether the Indian judiciary breached the New York Convention by purporting to set aside awards made outside India, and was there denial of justice…
Armada (Singapore) Pte Ltd (Under Judicial Management) v Gujarat NRE Coke Limited [2014] FCA 636 Justice Foster of the Federal Court of Australia handed down judgment on 17 June 2014…
…Convention: A Commentary (Cambridge: 2009) at 544) The Rule 41(5) procedure does not seem to be very broadly applied. Since the time of its inception it has been used in…
…newcomer. 17 Eastern European countries have also signed or ratified the 1961 European Convention on International Commercial Arbitration, which is known as the Geneva Convention (“GC”). Estonia and Lithuania are…
…DIFC Regulations”. In terms of enforcement of foreign arbitral awards, the UAE is a signatory to the New York Convention and DIFC law provides that any international treaty binding on…
…very real impact on due process, and thus on the enforceability of an arbitral award under the New York Convention. In his remarks, he focused on two aspects of due…
Although Turkey has ratified the ICSID Convention as early as in 1988, it was not until the recent decade that its domestic law recognized the possibility to resort to arbitration…
…Tan is a Partner at Rajah & Tann’s International Arbitration and Construction Practice in Singapore. LLB (NUS) (First Class Hons.); BCL (Oxon)(Dist.). Advocate and Solicitor, Singapore; Barrister, England and Wales….
…arbitri of practically every member state of the New York Convention. In Switzerland, Chapter 12 of the Private International Law Act (PILA) was even amended in 2006 to make it…
…himself on a reference to Article III of the New York Convention, which requires Convention States to recognise and enforce New York Convention awards (see Case No. ARB 002/2013, at…
…Dubai. Enforcement of foreign awards Egypt Egypt ratified the New York Convention on 7th June 1959 without any reservations or declarations. Egypt has also concluded several bilateral treaties on judicial…
