In 2012, the Commercial District Court in Bijeljina (‘CDC’) finally declared that it lacked jurisdiction to hear the dispute between Elektrogospodarstvo Slovenije (‘Claimant’) on one side, and Rudnik…
A 2018 decision rendered by the U.S. Court of Appeals for the 11th Circuit in Outokumpu Stainless USA, LLC, et al. v. GE Energy Power Conversion France SAS, Corp has recently put on the agenda of the…
This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the…
If the number of signatories at the launch of a convention is any measure of success, then the Singapore Convention on Mediation (Singapore Convention) had close to five times the signatories as the…
This post analyzes the problem stemming from the different form requirements established by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC”) and the…
Introduction
This post explores whether a Tribunal may refer to an annulled arbitral award in support of its factual findings or legal assessments. Although a simple reference to annulled awards…
On the 60th year of the signing of the New York Convention, the Philippines’ Supreme Court, for the first time, declared its adoption of a narrow definition of “public policy” under the said…
Introduction
The United Arab Emirates (the “UAE”) is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “NYC”), which was adopted into…
What are Terms of Reference in the ICC Rules of Arbitration, and what are they for?
Article 23(1) of the 2017 ICC Rules provides
"As soon as it has received the file [of a new dispute] from the…
