Recognition of international arbitration in Ukraine in figures
…by Ukraine of Part 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 1 of the First Protocol due to the…
Search Results for: singapore convention
The representation of women in arbitration – one problem, two issues
…with my toddler when I have that hearing scheduled in London or Singapore? Can I carve out a career for myself that balances arbitration practice with academia? And so on….
Arbitration Awards, Arbitrators, BIT, Costs in arbitral proceedings, ICSID Convention, Investment, Investment Arbitration, Jurisdiction
ICSID: Curious Facts
…Which States have withdrawn from the ICSID Convention? Bolivia, Ecuador and Venezuela. Which States are not parties to the ICSID Convention? Brazil and India are not among the 158 Members…
Enforcement of a London arbitration clause in a charter party refused in Australia
…Convention. One ground upon which BBCG resisted enforcement was that the arbitration clause in the Charter Party was invalid and ineffective by reason of the operation of section 11 of…
Pieter Sanders, 1912-2012
…Guide to the Interpretation of the New York Convention, exchanged views on the drafting of the 2010 UNCITRAL Arbitration Rules and filmed an extensive interview to mark ICCA’s 50th Anniversary…
Memories: Pieter Sanders – Centenarian
…Netherlands Arbitration Institute (NAI) in 1949 and its chair for many years; member of the ICC Arbitration Commission since 1949; the “founding father” of the 1958 New York Convention; co-founder…
The Bharat Aluminium Case: The Indian Supreme Court Ushers In a New Era
…law (see Siskina (Cargo Owners) v. Distos Compania Naviera SA[ [ [1979] ] AC 210.]) and Singapore law (see Swift-Fortune Ltd v. Magnifica Marine SA[ [ [2007] ] 1 SLR…
Case Summary of Vioans Ltd. v. The Ukraine Ministry of Material Provisions
…to be unjust arbitration procedures under Section 5 of the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. Vioans Ltd. (“Vioans”) is an Israeli company which contracted…
Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law
The Prospects for Amicus Submissions, Outside the ICSID Rules
Monday’s New York conference on “Arbitration with States and State Entities under the ICC Rules” got me thinking about the possibility of amicus submissions in investment cases before the ICC…
Marking their Territory: Bharat Aluminum v Kaiser Aluminum Technical Services (2012)
…language of Article V(1)(e) of New York Convention, adopted by Section 48(1)(e) of Arbitration Act, is a bit quizzical. The provision says that enforcement of a New York Convention award…
Arbitration, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, Russia
The Supreme Arbitrazh Court of the Russian Federation rules on the validity of dispute resolution clauses with a unilateral option
…Convention on Human Rights 1950 and decisions of the European Court of Human Rights (inter alia Batsanina v. Russia, Sokur v. Russia and Steel and Morris v. The United Kingdom)….
Why numbers matter
…in the U.S., Hong Kong, India, and Singapore, a sole arbitrator is appointed by the court in the absence of an agreement (U.S. FAA §5, Hong Kong Arbitration Ordinance, Art.8;…
Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits
Enforcement of New York Convention Awards in the UAE (Part II): THE DIFC as “host” jurisdiction?
…compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of case law (see in particular…
Stay of proceedings in favour of arbitration under the court’s inherent jurisdiction
In Shanghai Construction (Group) General Co. Singapore Branch v Tan Poo Seng [2012] SGHCR 10, the Singapore High Court granted a temporary stay of proceedings in exercise of its inherent…
Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation 14(3)(e)?
…ICSID Convention. In this case, Petroecuador applied for annulment of the award rendered in favor of Repsol. The Secretary-General of the ICSID granted provisional stay of enforcement. The first meeting…
Enforcement: Swiss courts may dispense with the requirement of a full certified translation of an award under Art. IV(2) of the New York Convention
…to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in every case, without exception, or…
ICSID Convention, International arbitration, Investment agreements, Investment Arbitration, Investment protection, Latin America
Parsing the PCA’s Latest Case Numbers
In a recent blog post, Gary Born highlighted the current role of the Permanent Court of Arbitration in administering state-to-state arbitrations. Given that the PCA has recently released its Annual…
Enforcement of New York Convention Awards in the UAE (Part I): Quo vadis?
…judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”)….
EU Proposal: who will investors face off against in future investment treaty claims?
…India and Singapore – the Commission recently announced its vision for the financial responsibility of costs within the EU for investor-state dispute settlement under such agreements. This vision provides as…
State-to-State Arbitration at the Permanent Court of Arbitration
…Sudan and the Sudan People’s Liberation Movement/Army, the Eritrea-Ethiopia Claims Commission, the Eritrea-Ethiopia Boundary Commission, and arbitrations under the United Nations Convention on the Law of the Sea (“UNCLOS”) between…
Appointment of arbitrators, Arbitration, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Availability of arbitrators
The Authority of a Truncated Arbitral Tribunal – Straight Path or Puzzle?
The situation of a truncated arbitral tribunal may be caused by various factors. It may arise when a three-member tribunal during the course of the arbitral proceedings and before the…
Plain Packaging and Expropriation
…Convention for the Protection of Industrial Property (Paris Convention). In particular, whether plain packaging infringes the right to use trademarks and/or interferes with the core function of trademarks. The present…
Arbitration Act, Arbitration Awards, Arbitration Institutions and Rules, Brazil, Domestic Courts, Latin America, New York Convention, Pro arbitration, Review on the merits
The ‘Kanematsu Case’ in Light of the Brazilian Superior Court of Justice’s Precedents
…although such system brought about by the Brazilian Arbitration Law is fully in line with article V of the New York Convention, the reference by STJ to said legal text…
Two recent Belgian cases on the review of motivation of arbitral awards at the annulment and enforcement stages
…award could not be enforced in Belgium because it was in breach of public policy under Article V.2 of the New York Convention. By contrast, in France, the enforcement of…