…are targeted in execution of the award. Article 54(1) of the ICSID Convention provides that each contracting state shall “recognize an award rendered pursuant to this Convention as binding and…
…to resemble domestic litigation proceedings, to the arena of international commercial arbitration and to develop a consistent pro-arbitration jurisprudence firmly rooted in the new Law and the New York Convention….
…dual regime for ‘international’ and ‘domestic’ arbitrations. Under the previous legislation, and in keeping with the practice adopted in many other major arbitral centres (including Singapore), a distinction was drawn…
The Singapore Court of Appeal issued a decision recently articulating a principled framework for the arbitrability of insolvency-related claims. It provides useful guidance on when an insolvency-related claim would be…
…while the appeal is taking place, it appears that a party may be in a position to commence recognition and enforcement proceedings under the New York Convention or (although less…
…to this problem is to revise the ICSID Convention to permit full-blown appeals that would lower the bar for annulment and permit an appellate body to overturn portions of awards…
…Salvage Arbitration in India”. In enhancing its arbitration credentials, India will do well to learn from Singapore’s experience in establishing itself as a leading international arbitration centre in just over…
…could be issued, such an order would be inconsistent with the New York Convention because the Convention precludes courts from doing anything other than ordering an arbitration to proceed. The…
…an interpretation of article M (3) of the New York Convention. The issue is apparently to be discussed at the Parliament at the session of 12/13 May. Georg von Segesser…
…party to a bilateral or multi-lateral convention with Switzerland that dispenses them from this requirement. As the Appellant here was an offshore company that, moreover, had not paid the amounts…
…are valid under Article 1507 CCP, but do not meet the form requirements of the New York Convention: Section 583 of the Austrian Code of Civil Procedure contains a modern…
…serious injustice. The most fundamental objectives of the Convention include ensuring uniform treatment of arbitral awards, and facilitating the effective enforcement of such awards, in the Convention’s Contracting States. Those…
The public policy exception under Article V(2)(b) of the New York Convention is well recognised as the amorphous exception. To the extent it has been capable of definition, it has…
…the tribunal functus? Recently, the Singapore High Court in Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46 (“Doshion”) rightly held that no injunction would lie in…
While Russia is a signatory to the New York Convention, there is a perception amongst some practitioners and arbitration users that Russia is not an arbitration friendly jurisdiction. This viewpoint…
The SIAC dispenses hospitality to the legal profession in Singapore on a regular basis, as part of its “outreach” efforts to what I suppose we can describe as its local…
…cite the draft Restatement’s treatment of the grounds for vacatur of New York Convention awards rendered in the United States (U.S. Convention awards). In its current form, the draft Restatement…
…recorded in the form of a consent award – which may benefit from the enforcement regime under the New York Convention. Balanced against these are a number of potential drawbacks…
Today an Ecuador court fined Chevron $8.6 billion for environmental damage. According to the Wall Street Journal, $5.4 billion of that is to restore polluted soil, $1.4 billion to create…
…25(1) of the ICSID Convention, but rather were pure commercial transactions, involving only the cross-border sale of goods. Acknowledging the novelty of the summary dismissal procedure embodied in Rule 41(5),…
…transactions and therefore cannot qualify as an investment for the purposes of Article 25 of the Convention. The Tribunal accordingly decides that the claims brought by Global Trading Resource Corp….
…of investments, or disputes to which are applicable the provision of the Convention Establishing the Multilateral Investment Guarantee Agency (OMGI –MIGA) or the Convention on the Settlement of Investment Disputes…
…agreements – contrary to the solution contained in the New York Convention – do not have to meet any particular form requirements (Article 1507); and (ii) the original of the…
…but leave of the court is required.) However, separate provisions in the new Arbitration Ordinance distinguish between the enforcement of (i) Mainland awards, (ii) New York Convention awards and (iii)…
