Choosing an appropriate “seat” or “place” of arbitration is critical. There are a few common misconceptions with respect to the seat. The seat need not be the same as the governing law of the contract, or be based in the same place as the chosen arbitral institution. Thus, there is no reason why a contract […]
Israeli-Palestinian ICC Arbitration Center Nears Completion
The ICC’s Israeli-Palestinian Jerusalem Arbitration Center is reportedly to begin functioning soon. This neutral arbitration center, a creation of Paris’ neutral ICC International Court of Arbitration, is intended to resolve commercial conflicts concerning the 3-4 billion USD of trade between Palestinians and Israelis. Previously, such commercial conflicts had to be resolved either before the courts […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
Myanmar becomes the 149th State party to the New York Convention
I am pleased to inform you that the Myanmar, which has been gradually re-entering the international community, has deposited its instrument of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. With an accession made without any reservation, Myanmar becomes the 149th State party to the Convention, which spans all major […]
The Enforcement of International Arbitration Awards in New York
Sylvana Sinha’s recent article provides a very good explanation of current US jurisprudence concerning the recognition and enforcement of arbitral awards in New York, where many foreign arbitral awards are in practice enforced in the US. It analyzes the current judicial interpretation of the common law doctrine forum non conveniens, as well as the possibility of enforcement […]