LLM

My LLM dissertation focuses on the efficacy of Article V(1)(c) under the New York Convention towards resisting the enforceability of arbitral awards. My paper examines the following issues: (1) 'Ultra Petita' Awards; (2) 'Infra Petita' Awards; and (3) Partial Enforcement. It is followed by a conclusion on the provision's efficacy and recommendations towards improving its efficacy.

Which law governs the arbitration agreement? o Tribunal  A-national rules  Seat of arbitration  Parties’ law o National court o Conflict of law rules o Law governing substantive contract o Seat of arbitration o UK  [Sulamerica]  [ENKA v Chubb] o France  [Dalico] o Switzerland What are the elements of an arbitration clause? o Parties’ intent to arbitrate  [Anzen] o Ad hoc v Institutional arbitration o Seat of arbitration What are multi-tiered clauses? ...

• Substantive relief o Choice of law o Governing laws  National laws  Institutional rules o Limits to arbitrators’ remedial powers o Types of substantive relief  Monetary relief  Declaratory relief  Injunctive relief • Specific performance • Restitution • Rectification  Fill gaps/Adapt contract terms  Punitive/Exemplary damages • Interest o Arbitrators’ power to award interest o Simple vs Compound interest o Governing laws  Mandatory rules...

• Definition • Standards • National laws • Institutional rules • IBA Guidelines o Part 1 o Part 2 • Conflicts of interest • Procedure o Commencement of arbitration o During arbitration o After award/Annulment of award • Consequences o Before appointment o After appointment o After award • Challenges o National laws  Similarities  Differences o Institutional rules • Secretary

Regulatory framework MITs - NAFTA - USMCA - CAFTA - ASEAN Agreement - ECT BITs - Provisions  Preamble  Definitions  Conditions for admission of investments  Substantive rights  Compensation for Losses (War clauses)  Free transfer of payments  Subrogation of risks  State-to-state disputes  Duration - Arbitration  Cooling off period  Written notice  Litigation  Fork in the road  Compensation ICSID Convention ICSID Additional Facili...

• Recognition • Enforcement • Execution • Substantive provisions o Enforcing state o Final award o Stay of enforcement o No review o Pecuniary obligations • Procedural provisions o Award notice o Federal courts • Non-ICSID awards o Reservations o BIT/MIT o More favourable provisions o ICSID v New York Convention o Enforcement procedure  Rules of procedure  List of documents  Refusal to enforce/recognise • State immunity • State immunity o Definitio...

What are the key features of New York Convention? What is the scope of application of New York Convention? What are the fundamental principles of interpreting Article V? How can parties be prevented from resisting enforcement? How is Article V(1)(a) interpreted? How is Article V(1)(b) interpreted? How is Article V(1)(c) interpreted? How is Article V(1)(d) interpreted?

What is substantive relief? What type of relief can tribunal grant? What type of relief will tribunal grant? What is interest? What laws govern interest? What are costs? What laws govern cost? How are costs handled in arbitration? What is third party funding? What laws govern third party funding? Are third party funding costs recoverable?

Treaty Breach Consequences – Sources of Law - Investment treaty provisions  Treaty provisions • War, armed conflict & insurrections • Monetary damages  No treaty provisions - Customary international law  Chorzow Factory case  ILC Draft Articles • Reparation - Restitution  Material v Juridical - Satisfaction  Declaration  In lieu of damages  No damages - Compensation  Valuation methods  Loss of profits  Moral damage  Causation  C...