…to modernize ECT have been inconclusive, with some EU member states and then the EU Parliament formally declaring their intention to withdraw from ECT. If ECT reform efforts fail as…
…here). Prior to the 2023 Law, Greek-seated international arbitral proceedings were governed by Law 2735/1999 (the “1999 Law”), which was based on the 1985 version of the UNCITRAL Model Law…
…attacks against the U.S. and signaling to trading partners that they will not be penalized for prioritizing the public interest.” UNCITRAL Working Group III is working to create a supranational…
…Dispute Settlement (ISDS) to be presented for final approval at the UNCITRAL Commission in July 2023. This is a significant development for the ISDS reform process which and has long…
…of the seat). Deviating from the lex fori approach The SCA was aware that since the UNCITRAL Model Law on International Commercial Arbitration provides that the lex fori (i.e.,…
…claimant Mohamed Abdel Raouf Bahgat against Egypt in an UNCITRAL arbitration under the Egypt-Finland BIT, the funder (Buttonwood Legal Capital) filed a claim to recover its share of the success…
…as part of reform efforts including for instance confidentiality and third-party funding. He further noted that there has always been a lively debate about whether arbitrators have power for summary…
…expressed support for this reform from the perspective of principle and policy, and observed that this will likely affect the position taken by courts in Asia. In turn, Sara Masters…
…Reform, or Not to Reform?” Rt. Hon. Dame Elizabeth Gloster DBE, PC spoke about the reform of the English Arbitration Act 1996 (“the Act”) – a topical issue that had…
…and substantive reform of international investment law. It remains to be seen whether ongoing efforts at UNCITRAL Working Group III and other fora will achieve significant improvements on this front….
…the tribunals to determine early determination. UNCITRAL has adopted this approach in its legislative options, and thereby appears to be recommending that the best practice (as inferred from A/CN.9/1114) would…
…postponed indefinitely due to ongoing debates about the Treaty’s future, including various withdrawals from it. The modernization process encapsulates broader reform efforts and attempts to balance protecting foreign investment while…
…standards of investment protection (FET, expropriation), excludes intra-EU ISDS from the scope dispute settlement, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration are made applicable to all ISDS…
…definition of success.” Finally, the Hon. Georg Kodek (Sup. Ct. Austria) provided a comparative perspective. Judge Kodek noted the uptick in adoption of the UNCITRAL Model Law on International Commercial…
…it. 3. Conclusion In sum, the EFILA conference had productive discussions that reinforced the idea that even though the outcome of the ECT modernization process, ISDS reform, and the…
As scholars and practitioners have reported in recent years, the investor-state reform process continues to make progress at the UN Commission on International Trade Law (UNCITRAL). The most recent session…
…Many of these issues have come to the surface through the discussions ongoing at UNCITRAL Working Group III. In this context, the experiences of the five Central Asian states –…
…audience to contribute to the upcoming reform of the German Code of Civil Procedure regarding arbitration. Rhetoric – Just Talking? A Look Into the World of Rhetoric Prof. Jörg…
On March 7, 2023, the virtual conference organized by the United Nations Commission on International Trade Law (UNCITRAL), as well as the Latin American Arbitration Association (ALARB) titled “Dispute Resolution…
…arbitration under the UNCITRAL Rules, although, for some reason, the old 1976 rules and not the new ones, which notably include the transparency rules. Moreover, the parties involved in an…
…Article 34(2)(a)(iii) or (iv) of the UNCITRAL Model Law. H v. G [2022] HKCFI 1327, High Court of Hong Kong, Court of First Instance, HCCT 71/2021, 10 May 2022…
Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested…
…in arbitration, and second, a reform adopted in December 2022 allowing lawyers to charge outcome-related fees. Separate from Mainland China’s civil law system, HK is a common law jurisdiction. Its…
…from being limited to the protection of the substantive rights in dispute, to the protection of the arbitration itself, which is expressed in Article 26.2 of the 2010 UNCITRAL Rules….
