Earlier today, an ad-hoc annulment committee at the International Centre for Settlement of Investment Disputes (ICSID) completely annulled a 2007 arbitral award that had been rendered in favour of US…
…result is very difficult to square with U.S. commitments under the New York Convention (and the Inter-American Convention). The Convention permits derogation from Article II’s obligation to recognize international arbitration…
…New Zealand, Peru, Singapore and (provisionally) Vietnam. The United States already has free trade agreements with Australia, Chile, Peru and Singapore, and all but the Australia FTA include chapters addressing…
An interesting issue regarding the enforceability of foreign arbitral awards, in relation to the provisions of the New York Convention of 1958 and its alleged conflict with domestic Greek Civil…
…the New York Convention), will now be in a position to insist upon a finding, grounded in contractual analysis, that such procedures were an intended term of their agreement to…
…an award against a party which is not subject to the underlying arbitration agreement, problems will likely arise at the enforcement. Article V of the New York Convention provides five…
The principle of good faith arises in investment treaty arbitrations in various contexts. Tribunals, of course, regularly refer to Article 31(1) of the Vienna Convention for the rule that treaties…
…York Convention. The cases are Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66 and Shashoua & another v Sharma [2010] EWCA Civ 15. In the Midgulf case,…
…law prohibiting arbitration agreements in insurance contracts to reverse-preempt the New York Convention or the New York Convention’s implementing legislation (the Federal Arbitration Act, or FAA)? In comparison to the…
…the English courts – particularly as regards the finality of New York Convention awards – will hopefully be given close scrutiny. Subsequent to Dallah, however, there have been a number…
The United States and Mexico signed the General Claims Convention of September 8, 1923 and thereby constituted the U.S.-Mexico General Claims Commission.* The Commission was asked to resolve all claims…
…Convention in respect of the dispute that is not covered by the arbitration clause. The court rejected this argument and granted the award’s enforcement (case No. 5-Г02-23). The Supreme Court…
…proceedings against a number of named individuals and any other criminal proceedings directly related to the arbitration. The decision illustrates that, although the ICSID Convention and investment treaties do not…
…proposal for a safeguard clause inspired from Article IX of the Geneva Convention (new Article 34A). Let me recall that my proposed clause would read as follows: “A judgment shall…
…the contract), which conducted a search and proposed mediators based in Hong Kong and Singapore with qualifications in English law. The parties settled on one of these candidates, whose fee…
…All.” Subsequently, the firm commenced enforcement proceedings against the Republic of Peru in New York under the Inter-American Convention. Seeking to replicate the framework for Monde Re, Peru (1) claimed…
…V (1) (c) (public policy clause) and VII (escape clause) of the New York Convention. He argues that these provisions clearly demonstrate that a different interpretation of the convention is…
…an award under the New York Convention being quite limited and the qualification of international arbitrators generally being high, yet as a matter of fact the debtors often advance plenty…
…way different jurisdictions apply the New York Convention. This is, first, because the generality of the terms of the New York Convention permit courts to disregard its spirit while formally…
…ICSID Convention and Rule 39(1), ICSID Arbitration Rules) or the power to make orders required for the conduct of the proceedings (Rule 19, ICSID Arbitration Rules). The Order notes that…
…of aliens on their territory. Indeed, in deference to this long-standing position under international law, Article 16 of the European Convention on Human Rights makes explicit that the right of…
…The tribunal rejected the claim on the basis that such pre-contractual expenditure could not amount to an ‘investment’ for the purposes of the ICSID Convention or the USA- Trinidad &…
…Convention (Chapter 2 of the FAA): Although Rent-A-Center arises in the domestic arbitration context, the Supreme Court’s forthcoming decision may impact international arbitration cases. There is a split of authority…
…raises an unanswered procedural question under Article II of the New York Convention – can a court stay an arbitral proceeding if it determines that an arbitral agreement is “null…
