Setting aside an international arbitration award based on deficient pleadings
…its lineage back to Art V(1)(c) of the New York Convention and Art 2(c) of the 1927 Geneva Convention. The report of the Drafting Committee of the New York Convention…
Search Results for: singapore convention
Third Party Funding – Maintenance and Champerty – Where is it Thriving?
…other jurisdictions which are parties to the New York Convention of 1958). Despite these evident similarities, the concept of maintenance and champerty and its relationship to arbitration was not clearly…
Is Africa Finally Confronting Its Challenges On Investment Treaty Arbitration?
…majority of African states have signed and ratified both the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the Convention on the…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, BIT, Class arbitration, Due process, Efficiency, Foreign Investment Law, Investment agreements, Investment Arbitration, Investment protection, Public Policy
Mass Claims and the distinction between jurisdiction and admissibility
…in its holding that there is no impediment to mass claims under the ICSID Convention and Arbitration Rules and that ICSID tribunals have the power under ICSID Arbitration Rule 19…
Arbitration, Canada, Enforcement, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction, Jurisdiction of the arbitral tribunal, NAFTA
Cargill – Another Chapter in the Legacy of Dallah
As we approach the first anniversary of the UK Supreme Court’s landmark decision in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government…
Weighing the interests of host-state and investor — a further blow to domestic litigation provisions in BITs?
In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the…
The Domain of Investment Law: Drafting the Convention (Part 2)
…explain how that dispute was settled for the purpose of ICSID jurisdiction, and with what legal result. As the dispute ground on throughout the final drafting convention in Washington D.C.,…
The Domain of Investment Law: Drafting the Convention (Part 1)
…inflammatory issue facing the ICSID Convention during its multi-year drafting process. Many commentators and diplomats had long argued (often stridently) that no investment convention should protect more than a few…
The Domain of Investment Law: What is an Investment?
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
BIT Provisions That are Self-Executing But Do Not Confer a Private Right of Action
…enforced using either the New York Convention or the ICSID Convention. Makes sense. But I’m curious what impact a treaty declaration will have in the future for substantive treaty guarantees…
Arbitral seat, Enforcement, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award
An unlikely mix – the Russian courts, a French cement company, and the 1961 European Convention on International Commercial Arbitration
…out above, under Article IX(2) of the Geneva Convention, where states are party to both the New York Convention and the Geneva Convention, the provisions of the Geneva Convention regarding…
Calling a witness (too) late in the proceedings
…ICSID award as a result of a serious departure from a fundamental rule of procedure within the meaning of Art. 52(1)(d) of the ICSID Convention (Fraport AG v Republic of…
Singapore Court of Appeal re-affirms commitment to minimal intervention of arbitral awards at the intersection of illegality and public policy
…any such dichotomy on the basis that, under Singapore’s International Arbitration Act, all awards – whether made in Singapore or not – are treated as having an “international focus”. Consequently,…
Kluwer Launches Mediation Blog
…First Mediation Corporation; Joel Lee, National University of Singapore; Diane Levin, Diane Levin LLC; Geoff Sharp, Sharp Commercial Mediation; and Machtel Pel, Pel Mediation. We are delighted that Ales Zalar,…
State responsibility for non-enforcement of arbitral awards: revisiting Saipem two years on
…of the New York Convention. However, it considered that a revocation of the arbitral tribunal’s authority violated “at least the spirit of the Convention”. Although there can be no quarrel…
CAFTA Labour Arbitration Should Play Out on Fast Track
If you’ve been watching the headlines this month, you may have noticed that the United States of America has launched a novel arbitration against the Republic of Guatemala. The claim…
Arbitration, Arbitration Awards, Asia-Pacific, Enforcement, New York Convention, Set aside an arbitral award
Options Available To An Unsuccessful Party In An Arbitration
…Galsworthy obtained permission from the Singapore courts to enforce the award in Singapore. Glory of Wealth Shipping applied to set aside the order granting permission to enforce the award. The…
Emergency Arbitrators under the ACICA
…for International Commercial Arbitration in 2011. He has served as Counsel of Milan Chamber of Arbitration for 5 years. In early 2011 he also interned with Singapore International Arbitration Centre….
Applicable Law, Arbitration, Arbitration Proceedings, Arbitration Quiz, Arbitrators, Costs in arbitral proceedings, Expedited arbitration, Joinder, Jurisdiction, Mediation
Anti-Arbitration: The Summer Quiz!
…application of French law in the event of a dispute between the parties. The contract’s choice of law provision does not mention the United Nations Convention on the International Sale…
Non-Disputing State Party Participation in Investor-State Arbitration under CAFTA-DR
…protection in the sense of Article 25.1 in fine of the [ICSID Convention], as has been inaccurately been suggested by the Claimant (citation omitted).” Id. • “[D]enial of benefits may…
Is It Time to Amend the Articles Regulating Arbitration in Qatar?
…prescribed in article 7 (2) of the UNCITRAL Model Law, which are consistent with the best practice reflected in the New York Convention and the Model Law when interpreting the…
Appointment of arbitrators, Arbitration Institutions and Rules, Arbitration Proceedings, BIT, ICSID Convention, Investment Arbitration, Venezuela
Disqualification Based on Multiple Appointments—Divergence in Recent ICSID Decisions?
…by the Convention.” (para. 50). Turning to the facts, the Two Members found that the multiple appointments alone in case before them were not sufficient. In particular, the Two Members…
Trans-Pacific Partnership Negotiations: Waiting for U.S. Proposals
…likely to be contentious not only among the other parties to the negotiation (Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam) but in other U.S. agencies and with…
CIArb Survey on Costs
…New York Convention gives it a major advantage over litigation in national courts. Globally, governments have invested in bringing their arbitration laws up-to-date and building modern arbitration centres to capitalise…