…(“HKIAC”) and Singapore International Arbitration Centre (“SIAC”) Rules). Accordingly, the New Rules contain provisions aimed at addressing the most topical issues in international arbitration, including emergency arbitrators, interim relief, expedited…
…Injunctions for Breach of Arbitration Agreements, Revista Brasileira de Arbitragem 2012; Bollée, L’arbitre peut-il octroyer des dommages-intérêts pour violation de la convention d’arbitrage, Rev. arb. 2012, 819). This was the…
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by…
…its International Arbitration Act 1974 (Cth) (IAA) (the statute governing international arbitration in Australia) to give effect to the Washington Convention, affording jurisdiction to the International Centre for the Settlement…
…its decision in World Sport Group (Mauritius) Ltd v. MSM Sattelite (Singapore) Pte. Ltd (Civ. App. No. 895 of 2014) (“World Sport Group“) holding that fraud claims fall under the…
Factual background On 4 October 2013 the Tribunal constituted under Metal-Tech Ltd.’s claim against Republic of Uzbekistan (G. Kauffman-Kohler, C. von Wobeser, J. Townsend) issued the award on jurisdiction in…
…determined to cement its place at the top table of international arbitration. Singapore A decade ago, Singapore was not widely considered a key player on the international arbitration stage. Today,…
…exception of Argentina, the rest of the above-mentioned countries have withdrawn from the ICSID Convention in 2007, 2010, and 2012, respectively, while of 105 ICSID total related cases submitted against…
…has resulted from, among other factors, two structural predicates: a high number of ICSID Convention parties (at present, 149 States) and the large number of sovereign offers to arbitrate found,…
…2013. Courts in jurisdictions as diverse Switzerland, Australia, India, the United Kingdom, France, and Singapore have either established specialized courts of arbitration or effectively direct international arbitration matters to a…
…annulment is granted, the “award” is expressed to be binding on parties by virtue of Articles 53(1) and 54(1) of the Washington Convention. The Convention thus creates a self-contained and…
…reinforced today by other factors, including notoriously onerous visa procedures for entering the sub-Saharan country. And Brazil, as everyone knows, is a relative newcomer to the New York Convention on…
…New York Convention should be applied in such circumstances. Since Qatar has adhered to the New York Convention in 2003, its provisions became part of the national legislation and even…
…valid under current mainland Chinese law and practice. Also, ad hoc arbitral awards made outside of Mainland China are enforceable in the Mainland pursuant to the New York Convention. Designed…
…Singapore as examined in Consumer Financial Dispute Resolution in a Comparative Context. Drawing on empirical findings from a multi-jurisdictional survey, research has found that many of the advantages considered when…
…York Convention imposes upon Convention countries – including the United Arab Emirates, which joined the Convention in 2006 – an obligation to recognize arbitration agreements and give to them precedence…
…its mandatory nature? International arbitral awards are subject to scrutiny on a number of grounds under the New York Convention, public policy being one of them. If the arbitrability of…
…serious threat to the “golden age of arbitration”, which was the topic of the key address by Sundaresh Menon – then Singapore’s Attorney-General at the 2012 ICCA Congress in Singapore….
…York Convention (for the enforcement of foreign arbitral awards, done in New York, 8 June 1958). To the contrary, international enforcement scenarios would appear predestined for provisional applications of the…
…BIT and the ICSID Convention to refer the dispute to arbitration. Such consent, found in Article 8(1) of the BIT, was limited to disputes “concerning an investment”, which Article 1(1)…
…agreement. Once the District Court found that the arbitration agreement applied to the plaintiffs’ claims against the respondent, it further noted that arbitration agreements subject to the New York Convention,…
…Civil and Criminal Matters (the “HSCU”, a court of cassation appeal) reversed the judgments of the lower instance courts, referring to the provisions of the New York Convention on the…
…of the arbitration agreement before an arbitral tribunal. Commentary The New York Convention (“NYC”) imposes on contracting states, including Brazil, the obligation to enforce arbitration agreements. But national courts may…
…York Convention and Chinese laws. Such strategies include ensuring that all cases applying for recognition and enforcement of foreign awards fall under the jurisdiction of the Intermediate People’s Court (“IPC”)…
