…the STJ to provide further clarity and cohesiveness in Brazilian arbitration case law, particularly in light of the on-going attempts to reform the legal framework of arbitration in Brazil, as…
…basis in the UNCITRAL Model Law (UML). Yet, it is regarded as one of the most progressive arbitration statutes due to its pro-arbitration spirit. Prior to the present reform attempt,…
…the work of UNCITRAL’s Working Group III and how the work has evolved into a series of building blocks of ISDS reform. Next, Oleksii Izotov casts some light on the…
…UNCITRAL Model Law on International Commercial Arbitration, the Latvian regime was claimed to be the last of the 46 member states of the Council of Europe to not provide for…
…Rule 58 of the 2022 ICSID Additional Facility Arbitration Rules, Article 21(3) of the 2021 UNCITRAL Arbitration Rules, and Article 9 of the 2023 SCC Arbitration Rules. Under each set…
…legal and other costs incurred by the parties”; and Article 40.2(e) UNCITRAL Arbitration Rules 2021 and Article 40.2(e) UNCITRAL Arbitration Rules 2010 provides for “[t]he legal and other costs incurred…
…enhance independence and impartiality. The first approach taken by the SCIA is to reform the governance structure around international arbitration, namely the governing statute. A piece of unique legislation, the…
…investment in the arbitral institution. A traditional Asian Financial center, Hong Kong was one of the earlier jurisdictions to adopt the UNCITRAL Model Law into effect in 1990. In 1994,…
…frameworks across these regions, noting their adoption of the UNCITRAL Model Law, which offers a familiar and favorable legal environment for international arbitration. Harpole emphasized California’s cultural diversity as a…
…they are both known for their arbitration friendly laws and courts, have adopted the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”) with modifications, and are often early…
…arbitration. This pivotal legislation incorporates the UNCITRAL Model Law on International Commercial Arbitration of 1985 (with amendments as of 2006) and re-introduces the New York Convention, underscoring the country’s alignment…
…This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions…
…the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”),…
…Zimbabwe’s Land Reform Programme. The case is, in that respect, a brief chapter in a much longer story. Zimbabwe was ordered to pay the Claimants an award of approximately US…
…the refurbishment of a thermal electric station. In 2006, the parties settled and the case was discontinued. Paushok v. Mongolia was an UNCITRAL arbitration under the Russia-Mongolia BIT involving the…
…Spanish courts can only be relied on in exceptional cases. The Annulment Regime Under Spanish law The SAL is modelled on the UNCITRAL Model Law, including with regard to the…
…is no uniform approach to these questions. Baltag also touched upon the ongoing ECT modernisation and the solutions currently discussed in the UNCITRAL Working Group III, which had discussed the…
…previous coverage, see here) (unofficial English translation here). Based on the 2006 UNCITRAL Model Law (“Model Law”), the law brings “something new” that goes beyond the Model Law provisions. For…
…world as well as in Article 16 of the UNCITRAL Model Law. The same with other historically inherent powers, for instance, the right to apply interim measures – while inherent…
…an increasing number of requests to fund enforcement proceedings exclusively. Central Asia: The Intersection of Economic Flux, Investment Influx and Arbitration Reform As the panel shifted its focus to…
…cornerstone international instruments as UNCITRAL Model Law and New York Convention point towards such approach, including Art. 1(2) of the Model Law providing for its domestic application and Art. V(1)(e)…
…Award”) against India in a Geneva-seated UNCITRAL arbitration under the Germany-India Bilateral Investment Treaty (“BIT”). India applied to set aside the Interim Award before the seat court, but was unsuccessful…
…Key Features of the New Arbitration Regime The IAA and DAA are drafted substantially in conformity with the UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in…
…to 70 member states. Dr. Knieper credits this success to UNCITRAL’s ability to find consensus among a highly diverse group. Through this mandatory consensus-based approach, UNCITRAL was able to establish…
