…York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “NY Convention”) were met, as they had not produced the original arbitration agreement or a duly certified copy…
…good faith, or the prohibition against a State blowing hot and cold at the same time, the position is the same.” – Mr. Rodman Bundy arguing for Singapore in the…
…New York Convention as a “constitutional” instrument (see, for example, Yugraneft Corp. v. Rexx Mgt Corp., 2010 SCC 19 (Canadian S. Ct.) (characterizing “the Convention as a ‘constitutional instrument’ that…
…a sovereign State deserves a special attention at the outset of any proceeding against a State Party to an international convention creating the jurisdiction. As a preliminary matter, the question…
…and brought the interpretation of DIFC law back into line with terms proper of the New York Convention. Article II(3) of the New York Convention imposes upon Convention countries an…
…does a tribunal have discretion? This residual power finds its textual foothold in different provisions of the ICSID Convention containing the word “may” and, more generally, in Article 44 of…
…the Efficiency of Arbitration Agreements and Awards: 40 Years of Application of the New York Convention, ICCA Congress Series, 1998 Paris Volume 9 (Kluwer Law International 1999), pp. 114-145. As…
So you placed your bets on Argentina’s recovery after the 2001 crisis? It is not too late to give it another thought. While Argentina’s economy grew by approximately 9 percent…
If the answer is London, Paris, Geneva, New York, Tokyo and Singapore, what is the question? International cities? Fashion hot spots? Location of Manchester United supporters’ clubs? It may well…
…respected. Nevertheless and so long as Myanmar has not signed and ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, it remains to be…
…a three-member tribunal in their arbitration agreement. The SIAC’s approach in that case contrasts with the Singapore High Court’s decision in NCC International AB v Land Transport Authority of Singapore…
…law] allows removal of any action in state court in which ‘the subject matter … relates to an arbitration agreement or award falling under the Convention’ [Convention on the Recognition…
…the recent Singapore Court of Appeal decision of HSBC Institutional Trust Services (Singapore) Ltd v Toshin Development Singapore Pte Ltd [2012] SGCA 48. In that case, the Court of Appeal…
Trans-Pacific Partnership (TPP) negotiations have become the territory where a brewing perfect storm over investor-state dispute resolution (ISDR) is making landfall. The June 2012 leak of the draft TPP Investment…
…Convention requiring an existing “investment” as a condition for jurisdiction ratione materiae it may not be argued that undertakings preceding the establishment of the investment (pre-investment activities) fall within the…
By Tai-Heng Cheng* & Lucas Bento** Introduction On October 5th, 2012, a split ICSID tribunal determined that the Republic of Ecuador had breached the US-Ecuador bilateral investment treaty (“BIT”), and…
…ICSID framework operates independently, however, it is not subject to a review under the terms of the New York Convention. Could and should such a process be extended to international…
Whereas cases of direct expropriation have become relatively rare in international investment arbitration and claims of breach of fair and equitable treatment obligation or indirect expropriation are currently more common,…
…of the DIFC as such. Concerns over the violation of article II(3) of the New York Convention of 1958 were taken into account in both cases as well, with the…
In the recent decision of PT Pukuafu Indah and others v. Newmont Indonesia Ltd and another ([2012] SGHC 187) the Singapore High Court (the Court) confirmed that it did not…
…of Commerce in Sweden, the Cairo Regional Center of International Commercial Arbitration in Egypt or the Singapore International Arbitration Centre (SIAC) in South-East Asia, to name a few examples. The…
In Astro Nusantara International BV v PT Ayunda Prima Mitra [2012] SGHC 212, the Singapore High Court set out the available recourse against an international arbitration award made in Singapore….
…Fujairah Federal Court of First Instance), the first UAE court judgment ever to enforce a New York Convention award by reference to the Convention, inspired a modicum of hope that…
The problem of the law applicable to State contracts (i.e. contracts concluded between a foreign national and a State or a state entity) as well as the responsibility of States…
