…the English courts – particularly as regards the finality of New York Convention awards – will hopefully be given close scrutiny. Subsequent to Dallah, however, there have been a number…
The United States and Mexico signed the General Claims Convention of September 8, 1923 and thereby constituted the U.S.-Mexico General Claims Commission.* The Commission was asked to resolve all claims…
…Convention in respect of the dispute that is not covered by the arbitration clause. The court rejected this argument and granted the award’s enforcement (case No. 5-Г02-23). The Supreme Court…
…proceedings against a number of named individuals and any other criminal proceedings directly related to the arbitration. The decision illustrates that, although the ICSID Convention and investment treaties do not…
…proposal for a safeguard clause inspired from Article IX of the Geneva Convention (new Article 34A). Let me recall that my proposed clause would read as follows: “A judgment shall…
…the contract), which conducted a search and proposed mediators based in Hong Kong and Singapore with qualifications in English law. The parties settled on one of these candidates, whose fee…
…All.” Subsequently, the firm commenced enforcement proceedings against the Republic of Peru in New York under the Inter-American Convention. Seeking to replicate the framework for Monde Re, Peru (1) claimed…
…V (1) (c) (public policy clause) and VII (escape clause) of the New York Convention. He argues that these provisions clearly demonstrate that a different interpretation of the convention is…
…an award under the New York Convention being quite limited and the qualification of international arbitrators generally being high, yet as a matter of fact the debtors often advance plenty…
…way different jurisdictions apply the New York Convention. This is, first, because the generality of the terms of the New York Convention permit courts to disregard its spirit while formally…
…ICSID Convention and Rule 39(1), ICSID Arbitration Rules) or the power to make orders required for the conduct of the proceedings (Rule 19, ICSID Arbitration Rules). The Order notes that…
…of aliens on their territory. Indeed, in deference to this long-standing position under international law, Article 16 of the European Convention on Human Rights makes explicit that the right of…
…The tribunal rejected the claim on the basis that such pre-contractual expenditure could not amount to an ‘investment’ for the purposes of the ICSID Convention or the USA- Trinidad &…
…Convention (Chapter 2 of the FAA): Although Rent-A-Center arises in the domestic arbitration context, the Supreme Court’s forthcoming decision may impact international arbitration cases. There is a split of authority…
…raises an unanswered procedural question under Article II of the New York Convention – can a court stay an arbitral proceeding if it determines that an arbitral agreement is “null…
…Limitation Clause? The arbitral tribunal relied upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties (“VCLT”) to interpret the ECT provisions. Both parties argued plain…
…Treaty may be regarded as a matter of public policy within the meaning of the New York Convention”, the European Court of Justice in Eco Swiss (Case C-126/97, 1 June…
…principle that the United Nations is endowed with privileges and immunities in order to ensure the organization’s independence by protecting it from interference by governments. The 1946 General Convention on…
The Swiss Parliament is currently contemplating a reinforcement of the negative effect of the “competence-competence” principle in the Swiss legislation. According to a parliamentary initiative, a Swiss court that is…
…hopeless, not that the case was unhearable. The terms admissibility and inadmissibility do not appear in the UNCITRAL Rules, the ICSID Convention or the ICSID Arbitration Rules. Further, the indices…
…Such qualities under Article 14 of the Convention include that the arbitrator “…may be relied upon to exercise independent judgment” [5]. Thus although, under the ICSID Convention, the test is…
…of the New York Convention.[8] This is possibly so because a majority of jurisdictions apply some sort of limitation period to proceedings under the New York Convention.[9] But, even if…
…Cementownia Tribunal first noted that “there is nothing in the ICSID Convention, Arbitration Rules and Additional Facility which prevents an arbitral tribunal from granting moral damages” (para. 169). However, the…
…that the award was a “non-domestic award” under Article I.1 of the New York Convention, and that the New York Convention was therefore applicable to the recognition and enforcement of…
