…deal efficiently and coherently with mass claims? Are the control mechanisms for review of arbitral awards in ICSID and the New York Convention suitable in the case of mass claims?…
…to recognition and enforcement of foreign arbitral awards, the new arbitration law fully replicates the New York Convention regime and expressly confers jurisdiction on a high court regarding issues of…
…arbitration proceedings conducted under the ICSID Convention. The Tribunal thwarted the Court’s attempt to restrict the Tribunal’s jurisdiction and passed a procedural order stating that “although the Supreme Court Judgment……
…the award. Although the FAA vacatur procedure as discussed in Scandinavian Re does not affect foreign-seated New York Convention awards simply seeking enforcement in New York, it directly affects New…
…be recognised and subject to further proceedings to be enforced). For example, the New York Convention requires courts of the 145 contracting states to recognise and enforce arbitration awards made…
It’s been nearly two months since public hearings concluded in an ICSID arbitration brought by a U.S. investor, Railroad Development Corporation, against the Republic of Guatemala. And it’s been about…
…Agreement) and the Paris Convention for the Protection of Industrial Property (Paris Convention). In particular, whether plain packaging infringes the right to use trademarks as well as affects the core…
…the New York Convention. Last week’s U.S. court decision in Argentina v. BG Group (D.C. Court of Appeals, No. 1:08-cv-00485) reminds us that whatever arbitral mechanism the parties select, some…
…1996 Act does not constitute a judgment within the meaning of Article 34 of the Brussels Convention, relying on the ECJ case Solo Kleinmotoren v Boch. The first limb raised…
…the United Nations Convention on the Law of the Sea (“UNCLOS”) case between Mauritius and the United Kingdom gives one answer: the tipping point occurs with state-to-state arbitrations. The decision…
…Likewise, in the preamble to the 1975 Inter-American (Panama) Convention on International Commercial Arbitration, states parties express their desire to “conclud[e] a convention on international commercial arbitration.” Inter-American Convention on…
…are certain fundamental questions about the relationship between the ICSID Convention and investment treaties as an extrinsic source of consent to arbitrate. Article 46 of the ICSID Convention expressly requires…
…3. Foreign Arbitration Awards: Enforcement under the New York Convention Following the UAE’s accession to the New York Convention (the Convention) in 2006, any arbitration awards rendered in the UAE…
…adopted a refreshingly novel approach by inviting interested parties to intervene in order to assist the court as amicus curiae. In response to this invitation, LCIA India, the Singapore International…
…in Singapore in accordance with the Singapore International Arbitration Centre (SIAC) Rules as in force at the time of signing of this Agreement … [t]he arbitration shall take place in…
…Chevron analysis. Rather, the FAA and the New York Convention limit the deference courts normally give to federal agencies in interpreting statutes. In Shearson/American Express, Inc. v. McMahon, 482 U.S….
…turf under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.” Lewis H. Lazarus, Court of Chancery Arbitration Likely to Become More Prevalent, Delaware Business Litigation…
…to hear the claims of over 60,000 Italian investors against Argentina under the ICSID Convention and the Argentina-Italy BIT. Professor Georges Abi-Saab’s Dissenting Opinion (the Dissent) raises a number of…
…Convention is not yet in force. The Convention will only enter into force once thirty States file their instruments of ratification. Until then, the rules established by the Swiss Supreme…
…are interventionist and mindless of jurisdictional limitations. Ankit Goyal is Head (South Asia) & Counsel and Vivekananda N. is Deputy Head (South Asia) at the Singapore International Arbitration Centre (SIAC)….
…challenges that were seated in England, so the decisions reference the 1996 Arbitration Act and/or the European Convention on Human Rights. But did you notice, nonetheless, any cross-references to the…
…despite being a signatory to the New York Convention of 1958? This past spring, I moderated a panel at a joint ABA Section of International Law and Los Angeles Bar…
…already been developed in the U.S. and elsewhere to some extent, by means of the concept of “primary” and “secondary” jurisdiction. This concept comes from the New York Convention, where…
At the time the General Assembly of the United Nations was deciding to include in the agenda of its fifty-sixth 1)Resolution A/RES/56/83 – 12 Dec. 2001 GA/9998 session the text…
