UNCITRAL Model Law

Arbitration, Arbitration Proceedings, Australia, Commercial Arbitration, Domestic law, Governing Law, International arbitration, UNCITRAL Model Law

(Twenty Essex and Banco Chambers) and (Banco Chambers)/ /Leave a comment

On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…

Canada, Enforcement, Interim measures, UNCITRAL Model Law

(Woods LLP)/ /Leave a comment

The Supreme Court of Canada (“SCC”) recently delivered a judgment which, while dealing primarily with the issue of bank guarantees, serves as a window into a Paris-seated ICC arbitration between a Canadian aircraft manufacturer Bombardier inc. and the Hellenic Ministry of Defense (“HMOD”). The case of Eurobank Ergasias v. Bombardier inc. brings to the forefront…

Amendment, Arbitration Act, Arbitration Reform, Papua New Guinea, UNCITRAL Model Law

(Nambawan Super) and (Munro Leys)/ /Leave a comment

On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a separate Arbitration (Domestic) Act 2024 (“DAA”) governing domestic arbitration. The New Arbitration Regime will come into operation upon the publication of a notice in the…

Arbitration Reform, Azerbaijan, International Arbitration Law Library Series, International Arbitration Procedures, UNCITRAL Model Law

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On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. It is mostly based on the 2006 edition of the UNCITRAL Model Law on International Commercial Arbitration (“2006 UNCITRAL Model Law”) but contains certain important differences. This post discusses the most…

Hungary, New York Convention, Set aside an arbitral award, UNCITRAL Model Law

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

Making an awkward legislative step, the Hungarian legislator introduced a new ground for annulling construction arbitration awards from 5 June 2023, which applies where arbitrators fail to deliberate the opinion of a domestic expert body. While many commentators have criticised this amendment because of its potential retroactive effect and its disharmony with the current international…

Arbitration Agreement, Arbitration Agreements, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law, Validity

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Queen's University Faculty of Law)/ /Leave a comment

As experienced negotiators know, the process of contract negotiation can give rise to fruitful and long-lasting business relationships. The parties may meet several times to develop the precise terms of their agreements, through videoconferences, in conference rooms, or over dinner and drinks. But for many contracts, the parties’ representatives never meet, limiting their negotiations to…

Albania, Arbitration Act, UNCITRAL Model Law

, (Freshfields Bruckhaus Deringer)/ /Leave a comment

For years, Albania did not have a self-standing arbitration law or even any legislative provisions specifically on arbitration. Until 2013, the Albanian Civil Procedure Code did contain some provisions on arbitration, but these were repealed in 2013. On 6 July 2023, after several years of discussions and drafts, the Albanian Parliament adopted an arbitration law…

Judicial intervention, Latin America, Preliminary measures, Provisional Application, UNCITRAL Model Law

(Marval, O’Farrell & Mairal) and , (Marval O'Farrel & Mairal)/ /Leave a comment

The Commercial Court of Appeals in the City of Buenos Aires recently granted a request for preliminary measures. These measures aimed to obtain the necessary elements to analyze and determine whether the counterparty had breached a stock purchase agreement that included an arbitration clause as the dispute-settlement mechanism. In this post, we discuss whether courts…

Courts, Domestic Courts, Interviews with Our Editors, National Courts, New York Convention, Pacific Islands, Tonga, UNCITRAL Model Law

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Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various areas of law, Chief Justice Whitten was called to the Queensland Bar in 1990 before moving to Victoria where he practised for more than 20…

Australia, Domestic arbitration, UNCITRAL Model Law

, / /1 Comment

A little over a decade has passed since the introduction of the Model Law on International Commercial Arbitration in Australia as the framework for uniform domestic arbitration legislation. Before this, the various enactments of domestic legislation in the Australian states and territories had followed English Acts. For example, the New South Wales 1902 Arbitration Act…

Arbitral Appointments, Arbitration Institutions and Rules, Asia-Pacific, Interviews with Our Editors, New Zealand, Statistics, UNCITRAL Model Law

(Wynn Williams)/ /Leave a comment

Nicole Smith is the Vice-President of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the leading membership organisation for dispute resolution specialists in New Zealand. In addition to her work with AMINZ, Nicole is also a barrister at Mauao Legal Chambers specialising in commercial litigation and arbitration. Dual qualified in New Zealand and England…

Appeal, Canada, Set aside an arbitral award, UNCITRAL Model Law

(Norton Rose Fulbright Canada LLP)/ /1 Comment

In the legal world, countless hours are spent choosing, weighing and defining words, expressions and phrases, and linguistic precision is instilled as a virtue from the first day of law school. It is therefore rather concerning when courts use both inaccurate and inapt language to address a specific issue, such as when Canadian courts consider…

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…

Arbitral seat, Bulgaria, UNCITRAL Model Law

(Dimitrov, Petrov & Co.)/ /Leave a comment

Being a Member State of the EU and a party to the New York Convention (NYC), the Republic of Bulgaria is an attractive destination to locate the seat of your arbitration proceedings. This is especially so if you are seeking a neutral venue where costs for travel, accommodation and similar, would be significantly lower in…

Australia, Hong Kong, Singapore, Tonga, UNCITRAL Model Law

(Taylor Wessing)/ /Leave a comment
YIAG

The Kingdom of Tonga is dedicated to furthering the development of arbitration. A little more than a year ago, this blog published a post reporting that Tonga had acceded to the New York Convention on 12 June 2020. The New York Convention came into force for Tonga on 10 September 2020, and exactly three months…

Arbitration Tech Toolbox, Artificial Intelligence, New York Convention, Robojudge, UNCITRAL Model Law

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At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an arbitration must have seemed far-fetched. But, at the same time, the language employed in both the Convention and the Model Law did not expressly exclude…

China, Hong Kong, Lusophone countries, Macau, Tax Obligations, Taxation, UNCITRAL Model Law

(MdME Lawyers) and (University of Macau)/ /Leave a comment

If you are a party to a lease agreement or a grant of right to use commercial space in Macau, tax considerations may now be critical for determining whether “to arbitrate or not to arbitrate”. In fact, aside from the typical advantages of arbitration over litigation, tax reduction has now become an additional advantage for…

Canada, Domestic Courts, Evidence, UNCITRAL Model Law, Yukos

(Woods LLP)/ /1 Comment

Much ink has been spilled on the 2014 Yukos arbitral awards, and rightfully so. They are notorious for collectively breaking the previous record for the largest arbitral award in history. Their magnitude (these were, in the tribunal’s words, “mammoth arbitrations”) also commands our attention, as do the issues at stake and the multiple companion arbitrations…

Annulment, Applicable Law, Arbitrator Challenges, Emergency Arbitrator, Taiwan, UNCITRAL Model Law

(The Arbitration Chambers and Bond University)/ /Leave a comment

Although Taiwan’s legislative and judicial practices already conform to the spirit of the New York Convention (“Convention”) and the Model Law, it appears that non-Taiwanese parties nevertheless remain hesitant to arbitrate in Taiwan. The necessity of becoming a Model Law jurisdiction arises from Taiwan’s inability to accede to the New York Convention. Hence an institutional…

Arbitrator Challenges, English courts, Equal Treatment, French Law, Reform, UNCITRAL Model Law

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Under Article 13(3) of the UNCITRAL Model Law, a party challenging an arbitrator may ‘appeal’ a decision of the tribunal or other body hearing that challenge to a court or other authority (the “Challenge Appeal Mechanism”). The purpose of the Challenge Appeal Mechanism is to make the arbitral process more efficient by permitting judicial review…

Procedural Fairness, Set aside an arbitral award, SIAC, Singapore, Singapore Court of Appeal, Singapore International Arbitration Centre, UNCITRAL Arbitration Rules, UNCITRAL Model Law, Witness, Witness Conferencing, Witness Statement

, (Clyde & Co Clasis Singapore)/ /Leave a comment
Clyde & Co.

In CBS v CBP [2021] SGCA 4 the Singapore Court of Appeal upheld the High Court’s ruling in CBP v CBS [2020] SGHC 23, being a rare example of the Singapore Courts setting aside an award. The arbitrator’s decision not to allow a hearing for oral witness evidence was found to be a breach of…

Arbitration Act 1996, Enforcement, India, UNCITRAL Model Law

and , (Trilegal)/ /2 Comments

The Arbitration and Conciliation (Amendment Act), 2021 (“2021 Amendment”) is the most recent intervention in, what appears to be, the Indian Parliament’s endless attempts to tinker with the scheme and intent of the Arbitration and Conciliation Act, 1996 (“1996 Act”). The 2021 Amendment, which was passed into law on 10 March 2021 follows the Arbitration…

Enforcement, India, Interim measures, UNCITRAL Model Law

, (Pallav Mongia Law Chambers )/ /2 Comments

Similar to Article 9 of the UNCITRAL Model Law (the “Model Law”), Section 9 of India’s Arbitration and Conciliation Act, 1996 (“the Act”) entitles the parties to arbitration proceedings to obtain interim relief from courts. However, there is one major difference between these two provisions. Article 9 of the Model Law allows parties to obtain…

Arbitration Act, Central Asia, UNCITRAL Model Law, Uzbekistan

(Al Tamimi & Company), (SHERLAW), and (Galadari Advocates & Legal Consultants)/ /Leave a comment

Since 2016, the Government of the Republic of Uzbekistan has been implementing significant political, legislative, judicial, economic, and social reforms with the aim of developing the country, enhancing its investment climate, and improving the lives of its citizens at a much more rapid pace than before.1)The authors were the lead international arbitration experts and resources…