…is confidential will depend on, inter alia, the lex arbitri, the arbitral rules and the parties’ agreement. Under Singapore law, the principle of confidentiality in arbitration was, after detailed analysis,…
…set out in Article IX(1) of the Geneva Convention. The Geneva Convention will only apply, however, if the state of the award’s origin, the state of enforcement, and the place…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…These solutions include a recommendation by UNCITRAL “urging States to apply” the rules (described at paragraphs 12 to 14), a possible international convention whereby States “would express consent or agree…
…Convention but only Spain has ratified. Twenty ratifications or adherences are required to bring the Convention into force. Arbitration of maritime disputes does not come to my mind automatically when…
…York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is incorporated into U.S. law via Chapter 2 of the Federal Arbitration Act. In turn, the Foreign Sovereign…
…subject of the joint decision. As such, these types of joint decisions by States are not mere “subsequent agreements” under Article 31(3)(a) of the Vienna Convention on the Law of…
On 18 April 2012, South Sudan signed and ratified the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ‘ICSID Convention’). In accordance…
…English courts will interpret and implement Section 9(1) of the Arbitration Act 1996. Section 9 is how English law has complied with Article II(3) of the New York Convention, which…
…law, as a debt in the courts of the country where the counterparty is located. A recent Singapore decision, Giant Light Metal Technology (Kunshan) Co Ltd v Aksa Far East…
…a stay. Turning to the New York Convention NYC to which the UAE is a member since 2006, the Court could have granted a stay in accordance with article II(3)…
…The New York Convention is likely to compel recognition and enforcement of the award, unless the dissatisfied party can rely on the public policy exception contained within Article V(2)(b). The…
…the UNIDROIT Principle of International Commercial Contracts, the European Principles of Contract Law, and the United Nations Convention on Contracts for the International Sales of Goods (CISG or the Vienna…
…Seoul is a good alternative to more standard rivals Singapore and Hong Kong as a place for conducting arbitrations. In fact, this may become the reality, as Korea has shifted…
…gazetted territories coincided with Singapore’s ambitious push for arbitration market share. The Singaporean government, assisted by the highly accomplished Singapore International Arbitration Centre, has taken Singapore to a point where…
…its entirety. The Tribunal first cited the plain and ordinary meaning of the language of the umbrella clause, with Article 31(1) of the Vienna Convention requiring respect for the ordinary…
The notion of ‘investment’ has been one of the most controversial issues in arbitral proceedings instituted under the ICSID Convention. The award rendered by the UNCITRAL arbitral tribunal in Romak…
Following a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments to Singapore’s International Arbitration Act…
…Shakhtar Donetsk has the possibility to seek enforcement of the first CAS award based on the New York Convention. The decision is available on the website of the Federal Supreme…
The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am…
…New York Convention obligations, the Tribunal was unsympathetic. It held that White should have known the attitude of the Indian judiciary towards implementing the Convention and should have been aware…
…which may, in principle, be declared enforceable based on Articles 25 et seq. of the Lugano Convention of 1988 (the “LC 1988”), provided that the underlying dispute concerns a civil…
…on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention of 1958) and the European Convention on International Commercial Arbitration of 1961. The court then correctly observed…
…father of the New York Convention 1958. However, after 25 years, it is now time to adapt the Dutch arbitration law of 1986 to the national and international developments in…
