…of the Intercantonal Arbitration Convention (Concordat)). Disgruntled parties have also sought to recoup fees paid to arbitration institutions when awards have been vacated. In Coffee Beanery v. WW, L.L.C., No….
…be readily enforceable under the New York Convention in the same way as any other arbitral award. The public policy exception under Article V 2(b) of the New York Convention…
…obligations. However, there must be some doubt as to whether an arbitral award made in this way would necessarily benefit from the New York Convention. A party resisting enforcement would…
…vexing issues the reporters have wrestled with in this context is the law governing the treatment of non-Convention awards. Competing views include state law, federal common law, and Chapter 1…
…25 (1) of the ICSID Convention. However, that article simply stipulates that ICSID may have jurisdiction over any “legal dispute arising directly out of an investment”; famously, the Convention does…
…Arbitration Act, Section 34 (2) (b) (ii) of UNCITRAL Model Law, Section V (2) (b) of the 1958 New York Convention). It is probably also widely accepted that the parties…
…and that enforcement of arbitral awards might be relatively more successful pursuant to the New York Convention. As transactions increased with counterparties in South America, Russia and the CIS, Middle…
…the New York Convention “to declare that it will apply the Convention only to differences arising out of legal relationships . . . which are considered as commercial under the…
…the International Court of Justice (ICJ) in The Hague in order to preserve its rights under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) “to…
…(4) Actions to Enforce Awards. Among the many bracketed questions include (1) what constitutes a New York Convention Award; (2) obligations with respect to Non-Convention Awards; (3) issues pertaining to…
…and in the U.S. and that contradicts the New York Convention. More nuanced alternative legislation could be drafted to accomplish some of the goals of these acts without undermining key…
…as long as the award could still be challenged. The Swiss Federal Supreme Court held that recognition could be refused under Article V (1)(e) of the New York Convention only…
…13 (freedom of expression) of the American Convention on Human Rights. The Court was unsparing in its view that the right to freedom expression encompassed a right to receive information,…
…For instance, should the European Union adhere to the Convention, the Convention would co-exist with the 1968 Brussels Convention and the 2001 Regulation on jurisdiction and recognition of foreign judgments,…
…would diminish it . (See J. Paulsson, “El poder de los Estados para hacer promesas significativos a los extranjeros” available at <https://www.arbitration-icca.org/officers-and-members/MEMBERS/Jan_Paulsson.html>.) The Vienna Convention on the Law of Treaties…
…conventions — New York Convention”), the European Convention on International Commercial Arbitration and the Inter-American Convention on International Commercial Arbitration. These instruments, and particularly the New York Convention, establish a…
…such as that in the main proceedings, is contrary to the general principle which emerges from the case-law of the Court on the Brussels Convention, that every court seised itself…
…under the ICSID Convention expired at the end of December 2008 without any such application having been filed. The Award is the first ICSID award on the merits under the…
…its denunciation of the ICSID Convention. However, ICSID ultimately registered the case, while stressing that the threshold for registering arbitrations is a low one. In other words, it falls to…
…implementation of the Convention on Choice of Court Agreements, convened by the Private International Law Interest Group. General interest plenary highlights include a discussion of “International Law as Law at…
…them “foreign controlled” for purposes of the ICSID Convention. Unfortunately, for the claimant, once the arbitrators began to examine its family tree, they were not satisfied to identify the parents….
