…Treaty Reform As previously reported, the OIC has undertaken an initiative to reform the Agreement. In 2019 the OIC’s Council of Foreign Ministers issued Resolution No. 2/46-E, which requested the…
…at European responses. Nearly 60% of the respondents consider the modernisation of the ECT as the most significant development, followed by EU proposals to UNCITRAL Working Group III for a…
…that previously barred the arbitrability of disputes on antitrust law. According to the Court the reasons laid down in the explanatory memorandum to the law reform clearly state that full…
…the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”) against the Republic of Mozambique (the “UNCITRAL Arbitration”). The arbitration was filed under the 2009 India-Mozambique…
…while the Law Commission’s consultation paper on reform of the AA 1996 reflects the view that s.42 does not require amending in favour of the court rubber-stamping peremptory orders, it…
On 10 January 2023, the Paris Court of Appeal (“Paris CoA”) set aside the 50+ million USD UNCITRAL award rendered in the dispute between Komstroy (before Energoalians LLC, and now…
After thirteen years, the Arbitration Center of Mexico (“CAM”), one of the most prominent arbitration centers in Mexico, revised its Arbitration Rules (the “Rules”). The purpose of these amendments is…
…(Cap 143A, 2002 Rev Ed) (“the IAA”), and Arts 34(2)(a)(ii) and 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). The Judge found that there was…
Issues relating to the arbitrability of disputes have gained increasing prominence in recent years. The question of which law ought to govern an arbitration agreement and concomitantly the inquiry as…
…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“). Then, it addresses UNCITRAL’s approach,…
…arbitrator shall be appointed by local courts. The Supreme Court applied Chile’s LACI , which is modelled after the 1985 version of the UNCITRAL Model law, and it dismissed the…
…under the UNCITRAL Rules) may not necessarily fall under the NYC. This would be against the NYC’s clear wording, according to which Austria is obliged to recognize and enforce any…
…can only be properly understood through a multidimensional analysis. Legitimacy is earned, not granted. Put differently, the performance of a rule must be scrutinized for potential reform or even transformation,…
…for ISDS reform and policy in the years ahead. First, it explores the applicability of the MoA in ISDS cases. Second, it analyses ISDS tribunals’ application of the MoA and…
…in June 2022. EU Member States started voicing their dissatisfaction with the degree of reform and its compatibility with the Paris Agreement goals. The ECT reform proposals and the responses…
…other things, third-party funding, arbitrator’s immunity and the establishment of an award review tribunal. It further generally provides for the incorporation of the 2006 amendments of the UNCITRAL Model Law….
…Parties in accordance with Article 41 (5) of the UNCITRAL Rules. In the enforcement proceedings, the Czech Republic was denied enforcement of the cost award because it was not clear…
…based on article 190(2)(b) PILA against the award of 17 June 2021. In the UNCITRAL arbitration PCA No. 2015-30, Clorox Spain S.L. (‘C.S.’) sought payment of damages from Venezuela for…
…state’s right to regulate, especially when it comes to transition to greener sources of energy. In the ICSID-administered Westmoreland Mining Holdings v. Canada case, an UNCITRAL tribunal declined jurisdiction because…
…pressing if unsophisticated dilemma of ‘reform or die’. In light of the substantive and institutional provisions discussed above, the EU-Chile Agreement should be welcomed by those on the reform side….
…April 2023. UNCITRAL WGIII Institutional Reform In 2020, the Blog ran a series on UNCITRAL’s Working Group III (“WGIII”), and since then, there have been several blog posts on…
…African States’ Investor-State Dispute Settlement (‘ISDS’) reform strategy. They also expect the Model BIT will promote the codification of Investment Policies and Laws for African States. The Model BIT is…
…an ISA is: something which falls within the scope of the first four paragraphs of Article V(1) of the New York Convention and Article 36(1)(a) of the UNCITRAL Model Law….
…ongoing debate on the reform of Investor-State Dispute Settlement. As known, one of the proposals is to replace party appointed tribunals with a permanent court. This is meant to ensure…
