…including the near universal enforcement of awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the finality of arbitral awards, the neutrality of tribunals,…
…(namely the UN Genocide Convention), the panel focused on the private rights of action for damages caused by Russia during its invasion of Ukraine, discussing the quantification of losses, and…
…awards will generally be enforceable in the UK, since the ICSID convention was implemented and the UK government’s obligations under it were established before acceding to the EU (see coverage…
…proceedings pending arbitration. Legal Position in Singapore Last year, the Singapore High Court in its decision in Fastfreight Pte Ltd v Bulk Trident Shipping Ltd [2022] SGHC 210 (“Fastfreight”)…
…Court’) ruled that 1) parties cannot agree to recognition and enforcement of an award process that deviates from the one provided in the New York Convention and Law No. 489-08…
…for a comment here). At the same time, the asymmetrical approach may be losing ground (see here about the policy change effectuated in Singapore in 2012). It has been said…
…PRC’s commercial reservation under the New York Convention. Kyrgyzstan made headway by rendering tax disputes arbitrable. This reform, effective January 1, 2023, aimed to address judicial inadequacies by introducing arbitration…
…interesting developments regarding Latin American and Caribbean states’ approach to foreign investment, especially with respect to those countries that had at some point denounced the ICSID Convention. For instance, on…
…and compared Singapore’s approach to those taken in other jurisdictions. Given the importance of the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention“)…
…York Convention”) is a self-executing treaty under U.S. law, meaning that the New York Convention’s directive to send covered disputes to arbitration is directly enforceable in U.S. courts even without…
…are terminating their BITs and withdrawing from instruments like the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) (Bolivia, Ecuador and Venezuela…
…way of contracting to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), India had waived its sovereign immunity and was therefore subject…
…from the respondent. Since the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (“NYC”) has been ratified by over 170 states,…
In this issue, Romesh Weeramantry considers whether the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT) remain fully fit for purpose, particularly in investment treaty…
The UK Supreme Court (‘UKSC’) addressed the meaning of ‘matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in…
Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the…
…principle, particularly the article II of the 1958 New York Convention and the article 16(1) of the UNCITRAL Model Law. After that, Prof. Banifatemi distinguished the positive and negative effect…
…arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described in the ICSID Convention. The…
…a Success Moderated by Ms. Yoshie Midorikawa (Miura & Partners) and featuring Kevin Kim (Peter & Kim, Seoul) and Yu-Jin Tay (Mayer Brown, Singapore), one of the key topics addressed…
…recognise that AIAC holds the distinction of being one of Asia’s oldest institutions, predating even the establishment of the arbitration centres in Hong Kong and Singapore. I am committed to…
…States, to India, to Cuba, Gambia, Iceland, Bahamas, Mongolia, Algeria, Singapore, Hong Kong, Canada, Brazil, St. Kitts and Nevis, Andorra, and El Salvador. This year we would like to…
…New York Convention. He also discussed the essential components for a successful arbitration jurisdiction, such as a stable legal system and government support. The panel was composed of Shukhrat Povlonov,…
…remarks delivered by the Honorable Philip Jeyaretnam, President of the Singapore International Commercial Court. Keynote: “Arbitration: Here, There and Everywhere” Claudia Salomon’s keynote address, titled “Arbitration: Here, There and…
…explore whether the expert determination should be complemented with mediation, in light of the Singapore Convention on Mediation. While the idea gained general support, there were concerns that the inclusion…
