By Elizabeth Sheridan The International Centre for Settlement of Investment Disputes (ICSID) was created in 1966 to promote international investment by providing confidence in the dispute resolution process. In many developing countries, it is essential to attract consistent foreign investment to provide necessary capital and infrastructure conducive for long-term economic and institutional development. Investor-state dispute…
Category: International
Winning Isn’t Getting Paid: Russia and the Enforcement Crisis in Arbitration
By Esther Eikins International arbitration is often regarded as the premier mechanism for resolving cross-border disputes because it promises neutral decision-making and enforceable outcomes. Yet enforcement battles involving Russia reveal how fragile this system can be when geopolitical conflict intervenes. Although the enforcement framework under the New York Convention relies on national courts to recognize…
Recognition and Enforcement of Foreign Arbitral Awards in Vietnam
By Dr. Nguyet Le Background Five years after ratifying the New York Convention 1958 (the NYC), Vietnam enacted its first Commercial Arbitration Law on June 17, 2010 (Law 54). Law 54 differentiates between the annulment review of domestic arbitral awards’ proceedings and the recognition and enforcement of foreign arbitral awards. It remains controversial whether this…
Sustainable Development Compliance in International Investment Agreements: Enforceable at Arbitration?
By Carolina Joy As international investment agreements (IIAs) increasingly include references to the United Nations’ Sustainable Development Goals (SDGs), investor-state arbitration further becomes a site of global governance, mediating conflicts between private investment protection and public development objectives. Within this dispute resolution mechanism, the tension between the soft law of the SDGs and the hard…
Why It’s Time to Include Taiwan in the New York Convention
By Nathan Yost The 1958 New York Convention (“the Convention”) is the cornerstone of international arbitration. With over 170 signatories, it provides a uniform legal framework for the recognition and enforcement of foreign arbitral awards. This predictability is essential to cross-border commerce as it ensures that arbitration outcomes are enforceable, not just symbolic. However, despite…
The Arbitration Brief 