UNCITRAL WG II Series

Adjudication, Enforcement, English Arbitration Act, Expedited arbitration, Multi-tiered clauses, New York Convention, Pre-arbitral procedure, UNCITRAL Arbitration Rules, UNCITRAL WG II Series

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This blog post covers UNCITRAL’s current work on adjudication, whose declared goal is to ensure enforcement of decisions concluding the adjudication procedure, especially in the context of cross-border, long-term projects. The post first gives an overview of the model clauses drafted by UNCITRAL, explaining the role played by the UNCITRAL Expedited Arbitration Rules (“Expedited Rules“)….

Expedited arbitration, Permanent Court of Arbitration, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL WG II Series

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On 9 July 2021, the United Nations Commission on International Trade Law, better known as UNCITRAL, reached another milestone in its 55-year history. The Commission adopted the 2021 Expedited Arbitration Rules (“EAR”) (subject to completion, without objection, of a silence procedure). The EAR modify certain aspects of the UNCITRAL Arbitration Rules (“UAR”) and must be…

Arbitration, Arbitration Institutions and Rules, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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Expedited arbitration is often associated with smaller value disputes. For example, the International Chamber of Commerce suggests expedited arbitration for disputes of $2 million or less, while the Hong Kong International Arbitration Centre has a $3 million threshold for expedited arbitration. Expedited arbitration makes procedural tradeoffs that are deemed warranted because there isn’t that much…

Arbitration, Arbitration Institutions and Rules, Early Determination, Early Dismissal, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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Institute for Transnational Arbitration (ITA)

Introducing a regulation of early determination in the context of expedited proceedings, highlights a series conflicting interests. Therefore, the UNCITRAL Working Group II on dispute resolution has not yet taken a final position on whether such a regulation should be inserted in the context of expedited arbitration, or whether it should rather be considered as…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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UNCITRAL’s Working Group II (“WGII”) resumes next week its work on drafting expedited arbitration provisions (“EAPs”) for use with the UNCITRAL Arbitration Rules (“UARs”).  One of the key “aims” underlying development of these procedures is “to improve the efficiency and quality of arbitral proceedings.”  This post examines why efficiency matters, how the EAPs encourage efficiency,…

Arbitration, Arbitration Institutions and Rules, Due process, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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60 member states and several more non-governmental organizations (NGOs) will soon gather (in person in Vienna and virtually) to commence the 72nd Session of UNCITRAL Working Group II (WGII).  The topic and issues of Expedited Arbitration Procedures (EAPs) was primed at the 69th Session of the WGII in New York, including how best to improve…

Arbitration, Arbitration Institutions and Rules, Consent, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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Institute for Transnational Arbitration (ITA)

The UNCITRAL Working Group II (“WG II”) will continue its work on drafting expedited arbitration provisions (EAPs) at its next session in Vienna on September 21 – 25, 2020. This post briefly considers some of the key points that will be addressed at the session relating to the form and scope of the EAPs. This…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, ICSID, Investment Disputes, ISDS, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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Arbitrating investment disputes has its peculiarities stemming out of the nature of the dispute, as well as from the parties involved, which become relevant when assessing the feasibility of implementing expedited arbitration provisions. ICSID Arbitration Rules and UNCITRAL Arbitration Rules, the main arbitration rules currently used for investment arbitration proceedings, are in the process of…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL WG II Series, Working Group II

(Mihaela Maravela Law Office)/ /Leave a comment

Next week, the seventy-second session of the United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II (“WG II”), considering the issue of expedited arbitration, will be held in a hybrid system, with participants being able to take part in the session either in person, in Vienna, or remotely, via an online platform. The…