…UNCITRAL Model Law (“ML”) contains one solution to the problem of enforceability of interim measures. Article 17H clarifies that “an interim measure issued by an arbitral tribunal shall be recognized…
At its 57th Session, taking place in New York between 24 June and 12 July 2024, the United Nations Commission on International Trade Law (“UNCITRAL”) will discuss the adoption “in…
…Daniel Noboa, included in the referendum a question aiming to reform Article 422 with the objective of settling the debate on how this article should be interpreted. The reform that…
…force points out, institutional rules and arbitration laws provide little guidance. None of the ICC, LCIA or UNCITRAL rules address the question of privilege, nor does the UNCITRAL Model Law….
…the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention (e.g., Article 34 of the UNCITRAL Model…
…independence, its draft arbitration law, although “on paper” influenced by the UNCITRAL Model Law (“Model Law”), nevertheless was more an unfortunate continuation of the former State arbitration. It failed to…
…Thus, parties to non-ICSID arbitration proceedings (e.g., under UNCITRAL Rules) should be wary that fixing the seat of arbitration in an EU Member State clears the way for the respondent…
…elects to make a claim under a treaty, there is often a choice of forum, in particular, a choice between ICSID or UNCITRAL arbitration. He explained an important characteristic of…
…was the case for instance with the broad notion of “civility” when the UNCITRAL Commission was preparing its Code of Conduct for Arbitrators in International Investment Dispute Resolution. Justice Knowles…
…rules, including UNCITRAL, ICSID, and SCC, are likewise sufficient. State-to-State arbitrations: to the extent there is a State-to-State dispute relating to space, the International Court of Justice (“ICJ”) is already…
…repeal and replace the outdated Existing Act. The Draft Law is based on the UNCITRAL Model Law on International Commercial Arbitration 1985, as amended in 2006 (“UNCITRAL Model Law”). Whilst…
…EAA Reform It is important to note that the 1996 EAA reform is underway. One of the most significant aspects of this reform is that the draft Arbitration Bill contains…
…in line with international standards, and specifically, the UNCITRAL Model Law (“Model Law”). The ALRC is headed by Mr. Justice Syed Mansoor Ali Shah, currently the senior puisne judge of…
…270). The tribunal took about five years to issue its Final Award, awarding the claimants compensation of nearly US$78 million, plus interest. The White Industries v. India UNCITRAL tribunal similarly…
…in shaping intra-European Union (“EU”) investment arbitrations through its domestic court proceedings. Dr Moritz Keller (Clifford Chance) also offered welcome remarks suggesting a potential need to reform investment arbitration to…
UNCITRAL Working Group III (“WGIII”) on Investor-State Dispute Settlement (“ISDS”) Reform convened for its 48th session in April 2024 in New York to continue its work, among others, on the…
…of the IBA Rules on the Taking of Evidence and the UNCITRAL Arbitration Rules. Background of the Case The investor, Sea-Search Armada (“SSA”), claims roughly USD 10 billion, equivalent…
The Brussels first instance court attracted significant attention in 2022 by deciding to set aside an UNCITRAL award regarding a claim brought against the Republic of Poland under the US-Poland…
…implementing international arbitration model laws, including the UNCITRAL Model Law on International and Commercial Arbitration and the OHADA Uniform Arbitration Act, into their national law. Most recently, Nigeria enacted the…
…sufficient level of perceived social acceptability. Ongoing reforms (revised ICSID Rules, UNCITRAL’s Working Group III), offer future perspectives: mechanisms to dispose of manifestly unfounded claims early or require claimants to…
…breakthroughs of the Code and the UNCITRAL Working Group III (“WG III”). Ashwita Ambast also highlighted other remarkable features of the Code, such as the regulation of double-hatting and tackling…
…have similar concepts. In arbitration, however, a third-party notice does not easily work. German arbitration law (an adoption of the UNCITRAL Model Law) does not provide for it. That also…
…within the framework of Australia’s International Arbitration Act 1974 (“IAA”), which incorporates in amended form the UNCITRAL Model Law. Relevantly, section 7(2) requires a court to refer matters the subject…
…an additional partial award clarifying certain aspects of its earlier decision based on an application by Gabriele pursuant to article 39 of the UNCITRAL Rules and s. 79 of the…
