…Limitation Clause? The arbitral tribunal relied upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties (“VCLT”) to interpret the ECT provisions. Both parties argued plain…
…Treaty may be regarded as a matter of public policy within the meaning of the New York Convention”, the European Court of Justice in Eco Swiss (Case C-126/97, 1 June…
…principle that the United Nations is endowed with privileges and immunities in order to ensure the organization’s independence by protecting it from interference by governments. The 1946 General Convention on…
The Swiss Parliament is currently contemplating a reinforcement of the negative effect of the “competence-competence” principle in the Swiss legislation. According to a parliamentary initiative, a Swiss court that is…
…hopeless, not that the case was unhearable. The terms admissibility and inadmissibility do not appear in the UNCITRAL Rules, the ICSID Convention or the ICSID Arbitration Rules. Further, the indices…
…Such qualities under Article 14 of the Convention include that the arbitrator “…may be relied upon to exercise independent judgment” [5]. Thus although, under the ICSID Convention, the test is…
…of the New York Convention.[8] This is possibly so because a majority of jurisdictions apply some sort of limitation period to proceedings under the New York Convention.[9] But, even if…
…Cementownia Tribunal first noted that “there is nothing in the ICSID Convention, Arbitration Rules and Additional Facility which prevents an arbitral tribunal from granting moral damages” (para. 169). However, the…
…that the award was a “non-domestic award” under Article I.1 of the New York Convention, and that the New York Convention was therefore applicable to the recognition and enforcement of…
…to West Tankers [2009] EUECJ C-185/07, but the ‘seat’ aspects have received relatively less attention. Shashoua v Sharma concerned a joint venture developing an exhibition and convention centre in India….
The Fifth Circuit earlier this month issued a highly unusual decision addressing whether state law could “reverse preempt” the New York Convention. As any student of international arbitration knows, state…
Earlier this year, the Hong Kong Court of First Instance ruled that, in future, when it hears unsuccessful attempts to resist enforcement of arbitral awards under the New York Convention,…
…as a matter of the “fair and equitable treatment” obligation found in many investment protection treaties or in the “right to privacy” contained in the American Convention on Human Rights….
…Article 44 of the ICSID Convention, which empowers tribunals to decide issues or questions not addressed by the Rules or the Convention. In a sense, then, the SGS Tribunal just…
The 9.10.2009 session of the New York Convention subcommittee of the IBA in Madrid saw a lively discussion on the topic of enforcement of annulled arbitral awards. The discussion related…
…on the posting of a security. Under Article 52(5) of the ICSID Convention, a party seeking the annulment of an award may request a stay of the award’s enforcement. The…
…there was a binding settlement agreement. As a result, the tribunal held that it lacked jurisdiction under Article 25(1), ICSID Convention, because there was no longer a legal dispute between…
…are binding) amounts to a waiver of any right of recourse. IITC also relies on the New York Convention 1958, which provides that an award can only be set aside…
…Claimant agreed to waive and release all claims against the Respondent in connection with the tender; 2) Claimant is not an investor under the ICSID Convention as it was only…
…the ICSID Convention for these proceedings, each is considered separately below. 3. Original Arbitration Proceedings A review of the 108 pending original arbitration proceedings reveals that tribunals have been constituted…
…arbitration agreements where foreign (non-US) law is the governing substantive law. The Eleventh Circuit also mistakenly references Article V of the New York Convention in its discussion of arbitration agreements,…
…fundamental level the Dallah decision raises the question whether the New York Convention is fulfilling its objectives if national courts ruling on enforcement of Convention awards interpret Article V as…
…the ICSID Convention. However, this understanding is increasingly being questioned by ICSID arbitrators, who find time and again that the ICSID Convention imposes certain objective jurisdictional criteria which may override…
…Chapter 11, or of the ICSID Convention or Rules, confers such a power … It may be inferred that if such a power exists, it would only be for the…
