…commitment to upholding the New York Convention and building an arbitration-friendly judicial environment. Part I presents statistics for recognition and enforcement rates, the geographical distribution of applicants, the amount claimed,…
…foundational issue expressly addressed by Articles II and V of the New York Convention, Article 7 of the UNCITRAL Model Law on International Commercial Arbitration, and most national arbitration laws….
…seminar was on the 65th anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or Convention), which aligns with the mandate…
…method is through the New York Convention. Since the New York Convention is a treaty, it should be noted that international law has a direct effect in Dutch law (Article…
…1958 New York Convention or will otherwise recognise the validity and enforceability of an arbitral award), it is crucial that such jurisdictions offer efficient mechanisms to satisfy the prevailing party’s…
…New York Convention since 1971 and to the Panama Convention since 1978. Mexico made no declarations under Article I (3) of the New York Convention. As a result, the New…
…by the object and purpose of the ICSID Convention. The High Court at [34] noted the “primary purpose” of the Convention was to promote the flow of private capital to…
…restrictive DBA regime in the UK, several other jurisdictions have increasingly started opening-up to TPF. For example, in 2017, Singapore and Hong Kong introduced it in some court proceedings and…
…sought to enforce the arbitral award in England, contending that, as a signatory to the New York Convention, its courts were obligated to recognise and enforce arbitral awards (as incorporated…
…agreement to transfer shares in a Vietnamese company. The buyer / claimant, a Singapore company, brought an arbitration to enforce certain put obligations of the seller / respondent under the…
The recently reported investment treaty claim by Singapore-based mining company Zeph Investments (“Zeph”) against Australia appears to be the latest in investor-State dispute claims arising out of climate change-related measures…
…under the New York Convention of 1958. In the same vein, Dr Junge emphasized the effective protection of business secrets and the confidentiality that makes arbitration proceedings still (more) attractive…
…Low countered, although the enforcement system is set up to favor pecuniary awards, the ICSID Convention requires compliance with all awards, monetary or non-monetary. Tribunals have been cognizant of the…
…refuse recognition of an award, which mirror the ones provided by Article V of the New York Convention (including the differentiation between grounds that may be considered ex officio and…
…Enforcement Agencies. International enforceability of VIAC awards are also ensured under the framework of the New York Convention 1958. The VIAC’s emphasis on efficiency is reflected in our streamlined procedural…
…fall outside the scope of the New York Convention) as well as by the overall disfavour towards arbitral provisional measures resulting from the pre-existing prohibition for arbitrators to grant them….
…at the National University of Singapore and started his career as a policymaker at Singapore’s Ministry of Law. Jiun Ean led Maxwell Chambers from its inception in 2010 to 2015…
…This influence is subject to the rules and principles of interpretation of treaties under the Vienna Convention on the Law of Treaties (VCLT) as it affects the interpretation and application…
…to Convention organs under articles 50 to 52 of the ICSID Convention (Micula, paragraph 78); and (c) the proper interpretation of the Convention is given by principles of international law…
…the Singapore Court of Appeal held that determinations by a tribunal on res judicata (a form of preclusionary estoppel) were matters of admissibility and not jurisdiction, such that the court…
…for a national convention to deliberate on the Brazilian Arbitration Act (“BAA”) project. This event unfolded within the context of the “Operation Arbiter”, spearheaded by Mr. Petrônio Muniz, with the…
This might not be a secret: the Singapore courts recently issued two decisions in June 2023 about confidentiality in the international arbitration context. The first, The Republic of India v…
…different backgrounds. The team, led by Giuditta Cordero-Moss (Oslo University), consists of: (i) lawyers from various legal systems: Diego Fernandez Arroyo (Sciences Po, Paris), Gary Bell (National University Singapore), Franco…
…countries like Bolivia and Venezuela completely withdrew from the ICSID Convention, signaling a change in attitude. Similarly, Ecuador’s courts ruled that several BITs were unconstitutional. The rejection of investment treaties…
