Displaying 161 - 170 of 243

Climate Change: A Rising Sea of Disputes?

13 February 2018
Ms. Judith Levine walked the participants through various climate change related disputes and the United Nations legal framework on climate change, the kinds of climate finance disputes that may be resolved through arbitration, and the three ways by which arbitration might need to adapt to suit…

Contracting with Foreign Parties and Cross-Border Dispute Resolution

13 February 2018
Ms. Koh Swee Yen discussed about the inclusion of arbitration clauses in contracts without the parties truly appreciating and understanding what the process entails, and how the process could be managed and tailored to fit the parties’ needs. Particular emphasis was placed on the choice of arbitral…

Pacific Needs a Voice in International Arbitration

13 February 2018
Ms. Christina Pak highlighted the critical role international arbitration can play in attracting international climate finance and investments into the South Pacific region which is acutely vulnerable to climate change impacts. The South Pacific countries face serious threat to their development…

Legal Readiness to Attract Climate Finance: Towards a Low-Carbon Asia and the Pacific

13 February 2018
This article highlights some of the legal barriers faced by developing countries in optimizing their options for funding their nationally determined contributions and showcases examples from the Lao People's Democratic Republic and the Republic of Fiji, where the countries have embarked on legal…

Implementation of the New York Convention - Judicial Perspective

13 February 2018
Chief Justice Anthony Harold Cumberland Thomas (A.H.C.T.) Gates expressed appreciation for the assistance offered by ADB, UNCITRAL and other institutions in encouraging arbitration developments in the South Pacific region. He highlighted the need for judges in the region to be ready, should they be…

Implementation of the New York Convention - Judicial Perspective (speech)

13 February 2018
Chief Justice Anthony Harold Cumberland Thomas (A.H.C.T.) Gates expressed appreciation for the assistance offered by ADB, UNCITRAL and other institutions in encouraging arbitration developments in the South Pacific region. He highlighted the need for judges in the region to be ready, should they be…

Kustom - A Public Policy Exception under the New York Convention

12 February 2018
Dr. Petra Butler and Ms. Gitanjali Bajaj gave a presentation on kustom as a public policy exception to the recognition or enforcement of an arbitral award under the New York Convention. Kustom, which is enshrined in nearly all of the Pacific Island Constitutions, plays an important role in legal…

Introduction to International Arbitration

12 February 2018
Mr. Daniel Meltz presented the procedure for dealing with disputes between parties from different countries and the differences between arbitration and other forms of dispute resolution.

FDI Promotion and Arbitration

12 February 2018
Prof. Dr. Paniagua discussed the effects of international arbitration reform on a country’s foreign direct investment (FDI) and trade. He said that international commercial arbitration is a system of private commercial law that enables firms to more effectively enforce contracts by allowing them to…

Accession Kit for States intending to become Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York Convention, 1958

12 February 2018
The Accession Kit for States intending to become Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York Convention, 1958 provides practical information on the accession process to the Convention and model instruments.