Reflections on the New International Arbitration Global Survey
…was named as the preferred seat of arbitration (30%), followed by Geneva (9%), Paris, Tokyo and Singapore (each 7%) and New York (6%). Moscow and China were viewed negatively as…
Search Results for: singapore convention
Smoke Signals from Uruguay
…this case to deter not only Uruguay but other signatories to the WHO’s Framework Convention from taking effective measures to safeguard the public health against the known hazards of tobacco…
The Miami Draft: the Good Twin of the NYC*
…of the Convention have come to light in courtrooms around the world. Of course, there is no such thing as a perfect Convention. The drafters of the Convention in 1958…
BIT, Europe, European Law, Investment Arbitration, Other Issues, Vienna Convention on the Law of Treaties
The European Commission’s Opposition To Intra-EU BITs And Its Impact On Investment Arbitration
…position, according to which questions relating to conflicts between treaties must be resolved by the application of the Vienna Convention on the Law of Treaties, including Article 59 which sets…
Is the System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (AbitibiBowater, Chemtura, First Quantum Minerals)?
…Quantum would have investment treaty protection through ICSID available to it. However, Canada has not yet ratified the ICSID Convention, which it signed almost four years ago. Instead, First Quantum…
BIT, ICSID Convention, Investment Arbitration, Investment protection, Not-for-profit organizations (NGO)
Is it Practical for Not-For-Profits to Rely on BITs?
In a recent post, Lisa Bench Nieuwveld raised an issue which has been discussed from time to time on this blog: the potential for not-for-profit activities to be protected under…
New Arbitration Law in the Republic of Georgia
…into accordance with the Model Law and the New York Convention. Under the old law, the Supreme Court of Georgia examined the issues of recognition and enforcement of foreign arbitral…
Are Russian Commercial Courts Becoming More Cooperative (and Predictable) in Aid of Foreign Arbitration and Litigation?
…outside Russia against Russian entities. Although Russia is a party to the 1958 New York Convention and is therefore bound to enforce valid arbitration awards, domestic courts have previously refused…
The Forgotten Bilateral Arbitration Agreement Between Sweden and The USSR: A New View on Enforcement of Sweden and Russia
It is well known that the New York Convention is widely recognized as a foundational instrument of international arbitration. In addition to this Convention, there are also international bilateral agreements…
Why has Canada Not Ratified the ICSID Convention?
A significant majority of countries in the world have demonstrated that they see benefits in being a member of ICSID by ratifying the ICSID Convention (Convention on the Settlement of…
Why Canada Leads as the Model Law Turns 25
…out in Article 8(1) of the Model Law – and in Article II(3) of the New York Convention – that courts must refer parties to arbitration except where their arbitration…
Efforts to Codify the Law of State Responsibility for Damage to the Person or Property of Foreigners at the First Conference for the Codification of International Law
…that elicited commentary from over thirty States on the subject, the Third Committee “confessed its inability to arrive at a convention” on the eve of the closing of the Conference….
Fakes vs. Phoenix
…of investment treaty awards that supports a minimalist approach to the interpretation of investment for the purposes of Article 25, ICSID Convention and that does not consider good faith or…
European Parliament Committee Expresses Views on Arbitration and Court Jurisdiction
…to remind those less familiar with the issue: the present Regulation, as well as the preceding Jurisdiction Convention, allowed courts in EU countries to assume jurisdiction over a contract in…
Should an Enforcing Court Re-open a Tribunal’s Decision on a Question of Public Policy?
…in enforcement proceedings. As was observed in the first instance court in Westacre, it represents an open invitation for a disappointed party to re-litigate a New York Convention award at…
Why São Paulo’s Yellow Subway Line Poses No Serious Threat
…Act and the New York Convention, but also ignored a number of strong precedents by Brazilian courts confirming the autonomy of arbitration proceedings. It goes without saying that due process…
Major New Development in Argentine Crisis Case at ICSID
Earlier today, an ad-hoc annulment committee at the International Centre for Settlement of Investment Disputes (ICSID) completely annulled a 2007 arbitral award that had been rendered in favour of US…
Arbitration Proceedings, Commercial Arbitration, Enforcement of an arbitration clause, National Arbitration Laws, United States
Oklahoma’s “Save Our State Amendment” and Related Legislative Developments in the United States
…result is very difficult to square with U.S. commitments under the New York Convention (and the Inter-American Convention). The Convention permits derogation from Article II’s obligation to recognize international arbitration…
Will U.S. Lack of Consensus on Investment Protection Slow the TPP Negotiations?
…New Zealand, Peru, Singapore and (provisionally) Vietnam. The United States already has free trade agreements with Australia, Chile, Peru and Singapore, and all but the Australia FTA include chapters addressing…
Enforceability of Foreign Arbitral Award in the Greece: An Enlightening Supreme Court Decision
An interesting issue regarding the enforceability of foreign arbitral awards, in relation to the provisions of the New York Convention of 1958 and its alleged conflict with domestic Greek Civil…
US Supreme Court Rejects Non-Consensual Class Arbitration
…the New York Convention), will now be in a position to insist upon a finding, grounded in contractual analysis, that such procedures were an intended term of their agreement to…
Piercing the Corporate Veil and Enforcement
…an award against a party which is not subject to the underlying arbitration agreement, problems will likely arise at the enforcement. Article V of the New York Convention provides five…
The Obligation to Arbitrate Fairly and in Good Faith in Investment Treaty Arbitration
The principle of good faith arises in investment treaty arbitrations in various contexts. Tribunals, of course, regularly refer to Article 31(1) of the Vienna Convention for the rule that treaties…
More Interesting Anti-Suit Injunction Cases
…York Convention. The cases are Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66 and Shashoua & another v Sharma [2010] EWCA Civ 15. In the Midgulf case,…