…within the terms of Article 7(2) of the Rome Convention, must Articles 3 and 7(2) of the Rome Convention, read, as appropriate, in conjunction with [Directive 86/653], be interpreted as…
…appeal (2013) SGCA 57. the Singapore Court of Appeal (the “Court“) grappled with the question of whether an unsuccessful party to an international arbitration award rendered in Singapore (a “domestic…
…of its owner. It is widely recognized that under Article 25 of the ICSID Convention an investment must involve a “contribution” of assets. As explained by Douglas (para. 273), the…
…award. There appears to be no legal or institutional barriers to adopting this practice. The New York Convention does not generally impose form requirements on awards. Indeed, the Convention implies…
…interim relief. International arbitration awards would be enforced in Luxembourg pursuant to the New York Convention of 10 June 1958, or, where that Convention would not apply, pursuant to the…
…now recognize that the service of documents in arbitration is not subject to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters…
…arbitral institutions, and the adoption of important international treaties such as the New York Convention, which contribute to enhancing the efficacy of the system. According to recent statistics, at least…
…ambitious initiative by the country’s Law Ministry to make Singapore a regional destination for international commercial mediation, and plans to create a Singapore International Commercial Court. Is this relevant for…
…Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by UAE…
…However, the Court agreed with the primary judge that it would be generally inappropriate for the enforcement court of a Convention country, to reach a different conclusion on the same…
…the absence of reciprocal enforcement arrangements among the jurisdictions involved. Arbitration offers an attractive solution to those difficulties through the application of the New York Convention, which has been ratified…
…the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention on the recognition and enforcement…
…(6) English of New York law, Singapore seat, SIAC Rules; (7) New York law, New York seat, AAA-ICDR Rules; (8) English or New York law, Zurich or Geneva seat, Swiss…
…states: only arbitral awards rendered in these states will be recognised and enforced in India under the New York Convention. The inclusion of Hong Kong was a “golden opportunity” for…
…that Argentina initiated arbitration pursuant to the UN Convention on the Law of the Sea (UNCLOS) in response to the October 2012 detention in Ghana of the warship ARA Libertad…
…York convention where article V 2(b) authorizes the national judge of exequatur to refuse proprio motu the enforcement of an award if such enforcement would be contrary to public policy,…
and Rapolas Kasparavičius, LAWIN An abundant number of agreements have been and will be concluded between states and investors operating under the bilateral investment regime and even a larger number…
…of Ukraine”). Apart from that, Ukraine is a party to 1992 Treaty “On Procedure of Settling Disputes with Regard to Carrying on Commercial Activities” and 1993 CIS Convention “On Legal…
…court decisions applying the provisions of the New York Convention in force since 2006, highly recognised arbitration centres such as the Dubai International Arbitration Centre (“DIAC”) and Dubai International Financial…
…read as ‘the decision on annulment.’” Chistoph Schreurer et al., THE ICSID CONVENTION: A COMMENTARY 1057 (Cambridge University Press 2009). As advanced, Article 52(4) of the ICSID Convention extends its…
…the UN Convention on the Law of the Sea (UNCLOS). Readers may recall that the Philippines requested arbitration in January of this year, citing a long-running dispute with China over…
…Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID Convention’) or the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘the…
…A. Bifurcation of jurisdictional issues The tribunal’s power to bifurcate jurisdictional issues derives from Article 41(2) of the ICSID Convention. In deciding whether to bifurcate jurisdictional issues a tribunal has…
…is untenable as it is not permitted under the New York Convention. The judgement clearly exposes the difference in the scope of inquiry during the annulment of a domestic award…
