UNCITRAL Model Law

Arbitration, Costs, Costs in arbitral proceedings, Hungary, International arbitration, UNCITRAL, UNCITRAL Model Law

(Jeantet)/ /Leave a comment
Jeantet

On 17 May 2018, the Central European University and Jeantet co-organized a conference to discuss the new Hungarian Arbitration Act (the “New Act”), following the first months of its entry into force on 1 January 2018 (the “Conference”). The Conference was held in Budapest and the organizing committee was composed of Csongor Nagy (CEU, University…

Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /Leave a comment

Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual and purposive interpretation of the Model Law or similar provisions aimed at giving effect to Art II(3) NYC. On this proposed view, such a court…

Applicable Law, Arbitration, Arbitration Agreement, Courts, New York Convention, UNCITRAL Model Law

(National University of Singapore, Faculty of Law)/ /1 Comment

A crucial issue in arbitration is determining the proper relationship between courts and the arbitration process. In addition to court challenges to preliminary jurisdictional decisions by arbitrators and court applications to annul awards or prevent enforcement, a number of other court actions also raise relationship issues. This blog is concerned with scenarios such as commencement…

Arbitration, Arbitration Industry, Hong Kong, KCAB, South Korea, UNCITRAL Model Law

, (Bae, Kim & Lee LLC)/ /1 Comment
Bae, Kim & Lee LLC

Arbitration Industry Promotion Act of Korea In South Korea, the Arbitration Industry Promotion Act (“Promotion Act”), which was enacted on 27 December 2016, finally took effect on 28 August 2017. The purpose of this legislation is to promote arbitral procedures within Korea by expanding required infrastructures such as dispute resolution facilities, arbitration professionals, arbitration system,…

Arbitrability, Arbitration, Public Policy, Serbia, Set aside an arbitral award, UNCITRAL Model Law

, (Schoenherr)/ /Leave a comment
Schoenherr

For many doing business in Serbia, the local legal framework, including for arbitration, is the great unknown. However, a short introduction to this legal culture should suffice to reveal that when it comes to arbitration-related matters, Serbian laws are not so different from those in countries hosting some of the most popular arbitral seats. In…

Enforcement, Hong Kong, New York Convention, Singapore, Singapore Court of Appeal, UNCITRAL Model Law

(Breakpoint LLC)/ /Leave a comment

Introduction The dispute over the enforcement of an arbitration award (“Award”) between the Astro and Lippo groups of companies has been fought out in numerous jurisdictions, notably Singapore and Hong Kong. When Astro sought to enforce the Award it had obtained against Lippo in Singapore, Lippo resisted on the ground that the tribunal (“Tribunal”) lacked…

Arbitration clause, SIAC, Singapore, UNCITRAL Model Law

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In K.V.C. Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd [2017] SGHC 32, the Singapore High Court enforced so-called “bare” arbitration clauses, i.e., clauses that specify neither the place of arbitration nor the means of appointing arbitrators. In Singapore, the President of the SIAC Court of Arbitration is designated as the statutory appointing…

Arbitration, CETA, Lex Arbitri, Seat of the arbitration, UNCITRAL Arbitration Rules, UNCITRAL Model Law

(Arbitration Chambers)/ /2 Comments

The international arbitration community has lately been occupied with various proposals to reform investor-state disputes. On the interstate level, a consensus seems to be building that several aspects of the current system need to be modified in order for the system to safeguard its own legitimacy. In this context, there are various reform proposals floated…

HKIAC Rules, ICC Arbitration, ICDR, ICSID Arbitration, Interim measures, interim relief, International arbitration, LCIA Rules, SCC Rules, SIAC, UNCITRAL Arbitration Rules, UNCITRAL Model Law

(White & Case LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA), Academic Council

“When Justice Delayed Would be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration” was the subject of the 28th Annual Workshop of the Institute for Transnational Arbitration (ITA), which took place on 16 June 2016 in Dallas, Texas. Under the leadership of ITA’s Chair, Abby Cohen Smutny (White & Case), and the conference…

Arbitrability, New York Convention, Spain, UNCITRAL Model Law

(Universidad Carlos III de Madrid)/ /Leave a comment
Institute for Transnational Arbitration (ITA), Academic Council

A July 2015 decision of the Superior Court of Justice of Madrid (Tribunal Superior de Justicia), the competent court to decide on the setting aside of an award when the seat of the arbitration is Madrid, declared non-arbitrable a controversy between two multinational Spanish operators in the natural gas sector. The dispute arose over the…

Arbitration Agreements, Courts, Singapore, Singapore International Arbitration Centre, UNCITRAL Model Law

(Clifford Chance Asia (in formal law alliance in Singapore between Clifford Chance Pte Ltd and Cavenagh Law LLP))/ /Leave a comment

By a recent judgment in Malini Ventura v Knight Capital Pte Ltd and others [2015] SGHC 225 (“Malini“), the Singapore High Court affirmed its commitment to the primacy of arbitration even in situations where the existence of the arbitration agreement is in question. In Malini, Prakash J decided that prima facie existence of an arbitration…

Advocacy, Arbitration, Conference, UNCITRAL Model Law

(Freshfields Bruckhaus Deringer LLP)/ /2 Comments
Institute for Transnational Arbitration (ITA), Academic Council

The 27th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on June 17-18 in Dallas, Texas, examined  “Subconscious Influences in International Arbitration”.  The Workshop was organized by co-chairs José Astigarraga of Astigarraga Davis (Miami), Professor Margaret Moses of Loyola University Chicago School of Law (Chicago) and Luke Sobota of Three Crowns…

Arbitrator Challenges, Hong Kong, Singapore, Uncategorized, UNCITRAL Model Law

(Rajah & Tann Singapore LLP)/ /Leave a comment

and Alessa Pang, Rajah & Tann Singapore LLP Arbitrator challenges for inordinate delay can be awkward. However, what happens if the arbitrator decides to render an award before the challenge is concluded? Does rendering the award resolve the matter? Under Article 14(1) of the UNCITRAL Model Law (“Model Law”), an arbitrator’s mandate may be terminated…

DIFC, Domestic Courts, Dubai, Gulf Cooperation Council (GCC), Kuwait, UNCITRAL Model Law

/ /1 Comment

Arbitrating in the Gulf  The oil and gas sector constitutes one of the most important and competitive market in Gulf countries and despite the recent slide in oil prices, the majority of the Gulf Cooperation Council (GCC) members have reserves and savings from the boom period of 2003-2014 that can underpin spending programmes. It is…

Arbitral seat, Arbitration, Arbitration Act, Lex Arbitri, UNCITRAL Model Law

(The Chinese University of Hong Kong)/ /4 Comments

In an article published recently in The New York Times, entitled ‘Cities compete to be the arena for global legal disputes’, Elizabeth Olson discusses a phenomenon that has been labeled ‘the Battle of the Seats’. This concept refers to the competition between different cities to be considered as ‘arbitration hubs’. Cities all over the world…

Arbitral Award, Set aside an arbitral award, UNCITRAL Model Law

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

In further nod to the non-interventionist and pro-arbitration stance of the Singapore courts, the Singapore Court of Appeal in BLC and ors v. BLB and anor [2014] SGCA 40 (“the BLC decision“) reversed the decision of the High Court to set aside part of an arbitration award (“Award“) on the ground of a breach of…

Arbitration, UNCITRAL Model Law

(University of Miami School of Law International Arbitration Institute)/ /2 Comments

for Young Arbitrators Forum (YAP) In 2000, only five Latin American countries had enacted the Model Law, and perhaps even worse, roughly a fifth of Latin American countries had still not acceded to the New York Convention. Today, the Model Law is in force in roughly half of all Latin American countries1)The 1985 Model Law…

Belgium, International arbitration, UNCITRAL Model Law

(Linklaters)/ /Leave a comment

During past months, the Belgian arbitration community has been very active in promoting its country and Brussels in particular, as a major international arbitration centre. 2013 and 2014 are indeed vintage years for Belgian arbitration. First, the Cepani, the major Belgian arbitration institution, modernised its arbitration rules. The new rules entered into force as from…

Arbitration, Arbitration Act, Saudi Arabia, Shari‘a, UNCITRAL Model Law

(Dentons)/ /2 Comments

and Amgad T Husein, Dentons (Managing Partner, Saudi Arabia) 1. Overview Since the enactment of Saudi Arabia’s new Arbitration Law in July 2012, more foreign investors have opted for arbitration in Saudi Arabia rather than in foreign forums. By simplifying dispute resolution and streamlining the enforcement of arbitral awards, the Arbitration Law has sought to…

Commercial Arbitration, UNCITRAL Model Law

(DJ Arbitraje)/ /6 Comments
Institute for Transnational Arbitration (ITA), Academic Council

When the UNCITRAL Model Law on International Commercial Arbitration was approved by the United Nations General Assembly in 1985, “uniformity of the law of arbitral procedures” was a stated purpose. The uncertainty produced by the disparity among the national laws was one of the drafters’ concerns. The other was the inadequacy of domestic laws to…

Arbitration Agreements, Arbitration Awards, Arbitration Proceedings, Commercial Arbitration, International arbitration, National Arbitration Laws, New York Convention, UNCITRAL Model Law

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

This post is a little different… I am in the process of revising my treatise, International Commercial Arbitration (Kluwer 2009), and would like to solicit comments from readers of the Kluwer Arbitration Blog on various chapters of the book. I would be happy to send individual Chapters, in their revised form, to those interested in…

Arbitration, Asia-Pacific, UNCITRAL Model Law

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

and Matthew Lee* Introduction Last Wednesday, the international arbitration community in Australia won a significant victory. Indeed, in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), S178/2012, the Australian High Court (“Court”) dismissed a challenge to the constitutionality of the International Arbitration…

Appeal, Arbitration Awards, Asia-Pacific, China, Costs, Hong Kong, Set aside an arbitral award, UNCITRAL Model Law

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”) underlining once again the jurisdiction’s arbitration-friendly credentials and the reluctance of its courts to interfere with the arbitral process and arbitral…

Annulment, Arbitration Act, Arbitration Agreements, Seat of the arbitration, UNCITRAL Model Law

/ /1 Comment

On 6 September 2012, the Indian Supreme Court delivered its much-awaited judgment in Bharat Aluminium Co v. Kaiser Aluminium Technical Services (‘BALCO’). For the reasons discussed in detail below, the 190-page long BALCO decision is likely to go down in the annals of arbitration reports as the watershed decision that heralded a new dawn for…