…3. Foreign Arbitration Awards: Enforcement under the New York Convention Following the UAE’s accession to the New York Convention (the Convention) in 2006, any arbitration awards rendered in the UAE…
…adopted a refreshingly novel approach by inviting interested parties to intervene in order to assist the court as amicus curiae. In response to this invitation, LCIA India, the Singapore International…
…in Singapore in accordance with the Singapore International Arbitration Centre (SIAC) Rules as in force at the time of signing of this Agreement … [t]he arbitration shall take place in…
…Chevron analysis. Rather, the FAA and the New York Convention limit the deference courts normally give to federal agencies in interpreting statutes. In Shearson/American Express, Inc. v. McMahon, 482 U.S….
…turf under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.” Lewis H. Lazarus, Court of Chancery Arbitration Likely to Become More Prevalent, Delaware Business Litigation…
…to hear the claims of over 60,000 Italian investors against Argentina under the ICSID Convention and the Argentina-Italy BIT. Professor Georges Abi-Saab’s Dissenting Opinion (the Dissent) raises a number of…
…Convention is not yet in force. The Convention will only enter into force once thirty States file their instruments of ratification. Until then, the rules established by the Swiss Supreme…
…are interventionist and mindless of jurisdictional limitations. Ankit Goyal is Head (South Asia) & Counsel and Vivekananda N. is Deputy Head (South Asia) at the Singapore International Arbitration Centre (SIAC)….
…challenges that were seated in England, so the decisions reference the 1996 Arbitration Act and/or the European Convention on Human Rights. But did you notice, nonetheless, any cross-references to the…
…despite being a signatory to the New York Convention of 1958? This past spring, I moderated a panel at a joint ABA Section of International Law and Los Angeles Bar…
…already been developed in the U.S. and elsewhere to some extent, by means of the concept of “primary” and “secondary” jurisdiction. This concept comes from the New York Convention, where…
At the time the General Assembly of the United Nations was deciding to include in the agenda of its fifty-sixth 1)Resolution A/RES/56/83 – 12 Dec. 2001 GA/9998 session the text…
…its lineage back to Art V(1)(c) of the New York Convention and Art 2(c) of the 1927 Geneva Convention. The report of the Drafting Committee of the New York Convention…
…other jurisdictions which are parties to the New York Convention of 1958). Despite these evident similarities, the concept of maintenance and champerty and its relationship to arbitration was not clearly…
…majority of African states have signed and ratified both the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and the Convention on the…
…in its holding that there is no impediment to mass claims under the ICSID Convention and Arbitration Rules and that ICSID tribunals have the power under ICSID Arbitration Rule 19…
As we approach the first anniversary of the UK Supreme Court’s landmark decision in the case of Dallah Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government…
In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the…
…explain how that dispute was settled for the purpose of ICSID jurisdiction, and with what legal result. As the dispute ground on throughout the final drafting convention in Washington D.C.,…
…inflammatory issue facing the ICSID Convention during its multi-year drafting process. Many commentators and diplomats had long argued (often stridently) that no investment convention should protect more than a few…
Article 25 of the ICSID Convention famously limits ICSID jurisdiction to “legal dispute[s] arising directly out of or in relation to an investment.” Uncertainty about the outer limits of this…
…enforced using either the New York Convention or the ICSID Convention. Makes sense. But I’m curious what impact a treaty declaration will have in the future for substantive treaty guarantees…
…out above, under Article IX(2) of the Geneva Convention, where states are party to both the New York Convention and the Geneva Convention, the provisions of the Geneva Convention regarding…
…ICSID award as a result of a serious departure from a fundamental rule of procedure within the meaning of Art. 52(1)(d) of the ICSID Convention (Fraport AG v Republic of…
