UNCITRAL

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

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Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The project seeks to include a rule on the law governing the impact of insolvency in arbitration. Part I of this post examines…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all the effects of insolvency in arbitration to the law of the State in which insolvency proceedings have been opened (the…

Advisory Centre, ICSID, PCA, Permanent Court of Arbitration, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

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On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage). The statute, incorporating inputs from over 70 state delegations and 40 international organisations, will be presented for approval at the…

Advisory Centre, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

(International Institute for Environment and Development)/ /Leave a comment

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 principle” of the draft statute of an advisory centre on international investment dispute resolution. The text is the result of much deliberation in UNCITRAL Working…

Advisory Centre, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Luxembourg Centre for European Law (LCEL), University of Luxembourg)/ /Leave a comment

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 establishment of an advisory centre (“AC”) on international investment dispute resolution (“IIDR”). In light of the discussions during the past three sessions from October 2023…

Code of Conduct, double hatting, ICSID, Independence and Impartiality, UNCITRAL

(Khan Saifur Rahman & Associates)/ /Leave a comment

Double hatting and insufficient disclosure by the arbitrators have been problematic features of investment arbitration. Double hatting is generally regarded as an individual simultaneously playing the role of counsel and arbitrator in similar matters. The real issue is whether these concerns have the potential to affect the arbitrator’s ability to form “independent judgment,” as described…

Bankruptcy, Bankruptcy and arbitration, Insolvency, UNCITRAL

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For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the applicable law in insolvency proceedings. The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. The draft provisions subject to discussion in the 63rd session,…

Damages, International Investment Arbitration, Investor-State arbitration, ISDS, UNCITRAL

(Max Planck Institute for Comparative Public Law and International Law)/ /Leave a comment

Readers with antennas tuned to the happenings of the reform process for investor-State dispute settlement at UNCITRAL will know that the topics of damages and causation are on the agenda.  Indeed, at the last sessional meeting of Working Group III, draft provisions on damages and causation were discussed.  These provisions might find their way into…

Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL

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International arbitration is a constantly evolving field, shaped by global shifts, technological advancements, and changing expectations. On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”. Carolyn Lamm’s (White &…

Australia, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, Working Group II

, (UNCITRAL National Coordination Committee for Australia)/ /Leave a comment

On Friday, 26 May 2023, the UNCITRAL National Coordination Committee for Australia (UNCCA) hosted its eighth annual May Seminar at the University of Canberra. This event, which took the form of a full-day conference, saw participants from all over Australia in the fields of government, private practice, and academia, spanning from students to eminent practitioners….

Israel, Tel-Aviv Arbitration Week, UNCITRAL

(Gornitzky & Co)/ /Leave a comment

For almost two decades, the State of Israel has been an active member of the UN Commission on International Trade Law (“UNCITRAL”), with participation from both state officials as well as private actors. In keeping with a now-established tradition, Tel Aviv Arbitration Week (“TLAW“) opened on 26 February 2023 with an event hosted by the…

Conference, ISDS Reform, UNCITRAL

, (Curtis, Mallet-Prevost, Colt & Mosle LLP) and (Hughes Hubbard LLP)/ /1 Comment

On March 31, 2023, the Dispute Resolution Interest Group of the American Society of International Law (ASIL) hosted the session “Reforming Substantive Investment Law: How Should We Do It?” during the ASIL Annual Meeting in Washington, DC. The event featured Donald McRae, Ladan Mehranvar, Amaia Rivas Kortazar and Sylvie Tabet, and was moderated by DRIG…

Belt Road Initiative, China, Conference, ESG, ICSID, Judicial intervention, UNCITRAL, United States

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Columbia Arbitration Day (CAD), held on April 14, 2023, enjoyed record attendance levels this year and was held in the historic Low Memorial Library, a fitting venue for the first in-person CAD since before the COVID-19 pandemic.   The Judiciary in International Arbitration Proceedings The morning began with a panel moderated by Professor Alejandro Garro…

2022 in Review, ECT Modernisation, Energy Charter Treaty, ICSID, ICSID Amendments, ICSID Arbitration, ISDS Reform, UNCITRAL

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2022 was strongly marked by the change and reform of institutions, treaties, and procedural rules relevant to investor-State dispute settlement (ISDS). This post summarizes the most important institutional and structural reforms that were progressed during 2022 in relation to investment treaty law and ISDS. The focus is on the various reforms pursued under in the…

Multilateral Investment Court, Multilateral Investment Treaties, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

, (Clifford Chance)/ /Leave a comment

Among the items on the agenda of the 43rd session of UNCITRAL Working Group III (“WGIII“) was the multilateral instrument on investment reform (the “MIIR“). This instrument is being developed as a mode for delivering the reforms to ISDS that are agreed upon by WGIII. Although the Secretariat was instructed to do further work on…

Code of Conduct, double-hatting, Investor-State arbitration, investor-State arbitration and mediation, Investor-state tribunals, ISDS, ISDS Reform, Reform, UNCITRAL, UNCITRAL WG3 Series

(Australian National University) and / /1 Comment

In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS). Kluwer Arbitration Blog ran a series on UNCITRAL’s reform work in 2020, highlighting several subjects under consideration by Working Group III (WGIII). To get first-hand insights into the current status…

Arbitration Tech Toolbox, International arbitration, Technology, UNCITRAL

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From 28 March to 1 April 2022, Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) held a Colloquium to explore legal issues related to dispute resolution in the digital economy and to identify the scope and nature of possible legislative work. Forty-eight member States, 27 observer States and 57 invited…

Arbitration Institutions and Rules, Code of Conduct, Disclosure, ICSID, Investment Arbitration, UNCITRAL

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Two years since it was published, the draft of the Code of Conduct for Adjudicators in International Investment Disputes is still subject to discussion and refinement by States and other stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt…

Investment Arbitration, Third party funding, UNCITRAL, VIAC, Working Group III

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In early 2021, we wrote a post on this blog welcoming the inclusion of specific provisions on third-party funding (TPF) in the 2021 ICC Arbitration Rules. Recent regulatory developments in TPF in investor-State dispute settlement (ISDS), including publication of the VIAC Rules of Investment Arbitration and Mediation (VIAC Investment Arbitration Rules), have enticed us to…

Arbitration, California, California, UNCITRAL, UNCITRAL Model Law, United States, USA

(Gary Benton Arbitration) and (Musick, Peeler & Garrett LLP)/ /Leave a comment

“If they can’t do it in California, it can’t be done anywhere.”  – Novelist Taylor Caldwell   From its sunlit beaches to its fog-spangled hills, California hosts the world’s fifth largest economy, boasting among its accomplishments Hollywood entertainment, Silicon Valley technology, and Central Valley agricultural produce. In addition to its strong trade ties within the…

2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

and (The Australian National University)/ /Leave a comment

The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete ban and termination of intra-EU investment arbitration in the European Union, to the ECT modernization process, this year has been marked by change and reform…

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

, (Permanent Court of Arbitration)/ /2 Comments

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…

Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL

, (Nishimura & Asahi)/ /1 Comment

The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration” proceedings before the German courts on 11 May 2021 to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper (“Communication”)….

Appellate Court, Counterclaims, Exhaustion of Local Remedies, Frivolous Claims, Investment Arbitration, Reform, Third party funding, UNCITRAL

(Columbia Law School), (Georgetown Law), and (School of Law, Christ University)/ /2 Comments

Calls for investor-State dispute settlement (“ISDS”) reform have persisted for some time (see blog coverage here). Competing calls for retaining the status quo, modifying the system, or abandoning the system altogether have each gained traction. With a drastic increase in the number of investment cases being brought, accompanied by the “mega” awards, the international community…