…compliance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”). To recap, the Maxtel line of case law (see in particular…
In Shanghai Construction (Group) General Co. Singapore Branch v Tan Poo Seng [2012] SGHCR 10, the Singapore High Court granted a temporary stay of proceedings in exercise of its inherent…
…ICSID Convention. In this case, Petroecuador applied for annulment of the award rendered in favor of Repsol. The Secretary-General of the ICSID granted provisional stay of enforcement. The first meeting…
…to Art. IV(2) of the New York Convention (“NYC”), a full translation of an award must be produced by parties seeking recognition and enforcement in every case, without exception, or…
In a recent blog post, Gary Born highlighted the current role of the Permanent Court of Arbitration in administering state-to-state arbitrations. Given that the PCA has recently released its Annual…
…judgments of the UAE courts that have confirmed enforcement of foreign awards under the 1958 New York Convention on the Recognition and Enforcement of Foreign Awards (the “New York Convention”)….
…India and Singapore – the Commission recently announced its vision for the financial responsibility of costs within the EU for investor-state dispute settlement under such agreements. This vision provides as…
…Sudan and the Sudan People’s Liberation Movement/Army, the Eritrea-Ethiopia Claims Commission, the Eritrea-Ethiopia Boundary Commission, and arbitrations under the United Nations Convention on the Law of the Sea (“UNCLOS”) between…
The situation of a truncated arbitral tribunal may be caused by various factors. It may arise when a three-member tribunal during the course of the arbitral proceedings and before the…
…Convention for the Protection of Industrial Property (Paris Convention). In particular, whether plain packaging infringes the right to use trademarks and/or interferes with the core function of trademarks. The present…
…although such system brought about by the Brazilian Arbitration Law is fully in line with article V of the New York Convention, the reference by STJ to said legal text…
…award could not be enforced in Belgium because it was in breach of public policy under Article V.2 of the New York Convention. By contrast, in France, the enforcement of…
…is confidential will depend on, inter alia, the lex arbitri, the arbitral rules and the parties’ agreement. Under Singapore law, the principle of confidentiality in arbitration was, after detailed analysis,…
…set out in Article IX(1) of the Geneva Convention. The Geneva Convention will only apply, however, if the state of the award’s origin, the state of enforcement, and the place…
…negotiating parties. These include Australia’s reluctance to include investor-state arbitration; Singapore and Vietnam’s hesitancy regarding stronger disciplines for SOEs; Vietnam’s concerns with textile rules of origin; and broad opposition to…
…These solutions include a recommendation by UNCITRAL “urging States to apply” the rules (described at paragraphs 12 to 14), a possible international convention whereby States “would express consent or agree…
…Convention but only Spain has ratified. Twenty ratifications or adherences are required to bring the Convention into force. Arbitration of maritime disputes does not come to my mind automatically when…
…York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which is incorporated into U.S. law via Chapter 2 of the Federal Arbitration Act. In turn, the Foreign Sovereign…
…subject of the joint decision. As such, these types of joint decisions by States are not mere “subsequent agreements” under Article 31(3)(a) of the Vienna Convention on the Law of…
On 18 April 2012, South Sudan signed and ratified the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ‘ICSID Convention’). In accordance…
…English courts will interpret and implement Section 9(1) of the Arbitration Act 1996. Section 9 is how English law has complied with Article II(3) of the New York Convention, which…
…law, as a debt in the courts of the country where the counterparty is located. A recent Singapore decision, Giant Light Metal Technology (Kunshan) Co Ltd v Aksa Far East…
…a stay. Turning to the New York Convention NYC to which the UAE is a member since 2006, the Court could have granted a stay in accordance with article II(3)…
…The New York Convention is likely to compel recognition and enforcement of the award, unless the dissatisfied party can rely on the public policy exception contained within Article V(2)(b). The…
