Singapore’s highest court, the Court of Appeal (the “SGCA”), has held in Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] 1 SLR 373, that: •…
…in Article 52 of the ICSID Convention. Appeals should be concluded within 180 days and, in the event of delay, in no more than 270 days. If the AT modifies…
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
…procedural rules were incorporated into the CSD. The Tribunal disagreed, but using the framework of the Vienna Convention on the Law of Treaties (“VCLT”) found that the procedural rules should…
…the United Arab Emirates: Interference and Enforcement’ (2016) 33 Journal of International Arbitration, Issue 1, pp. 83–98 Abstract Since the United Arab Emirates (‘UAE’) ratified the New York Convention in…
…public policy defense (National Code of Procedure, section 517; NY Convention, section V.2.a; Panama Convention, section 5.2.b.; Montevideo Convention, section 2.h), the ICSID convention does not. In general, the Judgment…
The Singapore International Arbitration Centre (“SIAC”) published a draft of new investment arbitration rules (the “draft SIAC IA Rules”) for public comment on 1 Feb 2016. They will be finalized…
…the EC. The arbitration community views this issue through the lens of public international law and addresses the conflict by resorting to the conflict rules of the Vienna Convention on…
…instruments binding on the UAE (see Art. 170, ADGM Courts Regulations), including in particular the 1958 New York Convention (on the recognition and enforcement of foreign arbitral awards), which is…
Prior to the amendment of the Indian Arbitration and Conciliation Act 1996 (“the Act”), India’s journey towards becoming an international commercial hub that could rival Singapore and London was hampered…
…each other – provisions of the New York Convention (Article V 1 (e)), Panama Convention (Article V 1 (e)), and the Brazilian Arbitration Act (Art. 38 VI), according to which…
…sought by the parties. Instead, parties only seek to recognise an arbitral award. The provisions in the DIFC Arbitration Law parallel that of the New York Convention. […] 124. Accordingly,…
…step towards practical implementation. While many tricky details remain—such as how to make the investment court system compatible with the ICSID Convention, how to enforce resulting decisions, how to integrate…
…reasoning was used in the Singapore High Court, in WSG Nimbus Pte Ltd v Board of Control for Cricket in Sri Lanka [2002] 3 SLR 603. The Privy Council also…
In recent years, ICSID has provided an increasing level of detail and transparency about the practice and procedure of ICSID Convention and ICSID Additional Facility arbitrations. The ICSID Secretariat has…
…in order to establish the tribunal’s ratione personae jurisdiction to hear the investment dispute (as required, for example, under Article 25 of the ICSID Convention). A complicated inconsistency might arise…
…arbitration law or any set of arbitration rules dealing with TPF in international arbitration, though both Hong Kong and Singapore are currently contemplating applicable reforms. Despite the lack of concrete…
…Pte Ltd [2015] HKEC 2439, the Court of First Instance upheld an injunction in support of prospective arbitral proceedings in Singapore under a “hybrid” arbitration clause providing for proceedings administered…
…grounds on which arbitral awards can be impugned (for example, in the New York Convention 1958). €60,000 for Tribunal fees would generally be considered extremely low across most of the…
…York Convention (on the recognition and enforcement of foreign arbitral awards 1958) and are thus restrictive in content and scope. Importantly, nullification or refusal to enforce on the basis of…
…New York Convention 1958. Myanmar had however not enacted local legislation or revised its archaic Arbitration Act of 1944 to give effect to its international law obligations under the New…
…court in Astro Nusantara International B.V. v PT First Media TBK HCCT 45/2010 concluded that Astro was bound to the Singapore enforcement courts’ prior finding that three Astro companies had…
…a tribunal’s decision on the merits of such a dispute, on judicial set-aside actions, and on efforts to enforce any resulting awards under the New York Convention. He observed that,…
…21st Conference of Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris to address climate change in December 2015. Indeed, a study by the Pew…
