Sovereign immunity in India- Absolute or Qualified?
…be absolute in the way it much earlier was”. 2004 UN Convention on State Immunity India signed the convention on Jan 12, 2007 but the convention is not in force…
Search Results for: singapore convention
Investment Arbitration in the Nuclear Energy Sector: A Brief Note on Investors and Investments
…particular importance is the standing of nuclear power utilities under the ICSID Convention. Generally speaking, jurisdictional objections on the standing of SOEs have not been upheld by ICSID tribunals (see…
The Changing Contours of Indian Arbitration Law – A Sign of Times to Come?
…also ensured that Indian courts would not unduly interfere in international commercial arbitrations. The court in the case of World Sport Group (Mauritius) Ltd v. MSM Satellite (Singapore) Pte Ltd….
ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Is Investment Arbitration in Latin America in Crisis?
…my view, an erroneous perception of the ICSID system. This unfortunate attitude has led certain countries to implement political measures such as the denunciation of the Convention on the Settlement…
The Consistency of the UNCITRAL Rules on Transparency with the Transparency Policy of Some Latin American Countries
and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth…
Are Repsol’s Rights Under The Repsol-Argentina Settlement Agreement An ‘Investment’ Under the Argentina-Spain BIT?
…dispute is brought to arbitration under the ICSID Convention, the ICSID Additional Facility Rules, or the UNCITRAL Rules. (See, e.g., Romak v. Uzbekistan, Nova Scotia Power v. Venezuela) For instance,…
Exorbitant Jurisdiction in the Enforcement of Arbitral Awards. Some Limits: Yukos Capital v. Tomskneft
…of the respondent. In cases of respondents located in countries where enforcement may turn to be a difficult task (in spite of the application of the New York Convention), award-creditors…
Appellate Structure and Need for Legal Certainty in Investment Arbitration
…to know what would happen if their investment is expropriated. According to Article 52 of the ICSID Convention an annulment function is present. However this does not offer a solution…
National Mandatory Rules and International Public Policy: The Status of the Agent’s Goodwill Compensation in Portugal
…York Convention of 1958. According to this legal provision, the recognition of an arbitral award may only be refused if the recognition or enforcement of the award would lead to…
International Dispute Resolution in the Asia-Pacific – Arbitration in Australia Revisited
…Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). In…
ITA-ASIL 2014: Mass and Class Claims in Arbitration
…Dr. Waibel also argued that the ICSID Convention, from which tribunals derive their jurisdiction along with investment treaties, does not provide for collective claims. Rather, Article 25 of the Convention…
Using Investment Arbitration to Enforce WTO Commitments
…on the host State that affect the way in which property is treated in Australia…. [T]he relevant obligations are those enshrined in TRIPS, the Paris Convention, and TBT. [Claimant] as…
Corruption, Fraud, Investment Arbitration, Jurisdiction, Public Policy, Vienna Convention on the Law of Treaties
ICCA 2014: Pleading and Proof of Fraud and Comparable Forms of Abuse
…Article 31 of the Vienna Convention on the Law of Treaties, requiring that treaties be construed in light of their ‘object and purpose’. She noted that, in the absence of…
A Halftone Application of the New York Convention by the Qatari Supreme Court
…client’s interests and requested the application of the New York Convention to which Qatar adhered in 2003. He added that there is not any provision under New York convention which…
Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” Within the Portuguese Jurisdiction
…New York Convention 1958 (and also the shortcomings of the Brussels Convention and European regulations on jurisdiction and the enforcement of judgments in civil and commercial matters), freeing all constraints…
ICCA 2014. Have We Made Progress? What Remains To Be Done?
…international arbitration? And, where do we go from here? Chief Justice Sundaresh Menon, the Chief Justice of Singapore, delivered his assessment of the progress made on the challenges he identified…
ICCA 2014. Plenary Session of 8 April: Spotlight on International Arbitration in Miami and the United States
…enforcement beyond those articulated in Article V of the New York Convention; • There is disagreement among the federal courts on the issue of personal jurisdiction – in some circuits…
ICCA 2014. How to Avoid Cold Sweat and Have Sweet Dreams
…the New York Convention your best friend. In a nutshell, the panel gave three helpful practice pointers, as discussed below. First, make sure that when entering into an agreement, you…
Appointment of arbitrators, Efficiency, International arbitration, New York Convention, Suggestions to improve transparency and access to usable data, Transparency in investment arbitrations
Piloting Arbitrator Intelligence
On this blog, I have previously (here and here) questioned existing practices for how arbitrators are selected and argued that a new approach is both necessary and long overdue. To…
ICCA 2014. Linklaters Kicks Off Breakfast Seminar With A Survey Of Emerging Markets
…American statutes on arbitral enforcement where inspired by or based on the Model Law and that the courts applied both the 1958 New York Convention and the 1975 Panama Convention….
Multiple Investment Treaties Between The Same States?: The Case Of The ECT
…[art. 30 VCLT]4)See Vienna Convention on the Law of Treaties (VCLT), art. 30, 8 ILM 679 (1969) and 63 AJIL 875 (1969). or whether the parties to the ECT have…
Arbitration Agreements, Argentina, BIT, Investment agreements, Investment Arbitration, Treaty, U.S. Supreme Court
The dissenting opinion in BG v Argentina before the US Supreme Court
…“BIT”) is not different from a contract, and did not refer to the customary rules of treaty interpretation, as codified by the Vienna Convention on the Law of Treaties (“VCLT”),…
Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Domestic Courts, Israel
Darie v. Alstom: Weakening or Reinforcing the Pro-arbitration Stance of the Israeli Supreme Court?
…the District Court that as a result of Article 6 of the Israeli Arbitration Act and Article 2(3) of the New York Convention, the Court has limited discretion to refuse…
Arbitration Proceedings, BIT, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Venezuela
Apropos of ConocoPhillips v. Venezuela: Revision of Earlier Decisions in Fragmented Proceedings – A Matter of Principle?
…lacuna. However, the Respondent added that under Article 44 of the ICSID Convention, the Arbitral Tribunal had the power to fill this gap and therefore had the power to reconsider…