2022 was a busy year for the United States Supreme Court’s arbitration docket. The Court spent significant time defining the role of federal courts in arbitration-related litigation: it curbed Section…
…will be required for cases where the LCIA merely acts as fundholder or performs services in disputes adjudicated under the UNCITRAL Rules. In addition, as anticipated , OFSI has recently…
…procedural rules adopted by international organisations like the United Nations Commission on International Trade Law (UNCITRAL)? Should the course encompass also questions around the enforcement of international investment arbitration awards…
…and the largest amount awarded was USD 40 billion in the Hulley v. Russia case. Status of the debate at the UNCITRAL Working Group III On November 2018, at…
…International Trade Law (UNCITRAL) rules? For some, if the consent is not established under the base treaty itself, it would be hardly reasonable to import consent from a treaty between…
…(CAM-CCBC) also launched new Arbitration Rules in November 2022, which replaced its 2012 Arbitration Rules. Among other changes, the new Rules (i) allow the CAM-CCBC to manage UNCITRAL arbitration proceedings;…
…of the Tribunal; (c) the complexity of the issues; and (d) the reasonableness of the costs claimed.” The UNCITRAL rules of both 1976 and 2010 are guided by the trend…
…of judiciaries and legislatures. In this post, we highlight some of the key progress in the region last year. Australia Law Reform / Development ACICA’s Reflections Report published in…
…nomenclature, rules, and arbitration prospects Top of mind for many practitioners this year was the role of arbitration in the resolution of technology disputes. UNCITRAL held a Colloquium that explored…
…Uzbek arbitration law with international norms, including the 2006 UNCITRAL Model Law. In December 2021, the Hong Kong Law Reform Commission published its report on Outcome Related Fee Structures for…
…posed to its ongoing reform. Business Responsibilities under International Law Intergovernmental organizations have been at the forefront of promoting responsible business conduct, originally through soft law norms. These include norms…
…those who would argue that ISDS is in need of reform, and the second those who defend the ISDS system as is. The MOL v. Croatia saga, which has been…
…stakeholders. The Consultation Paper concludes that the Act still works ‘very well’ and, therefore, instead of ‘extensive reform’, it provisionally proposes a number of focused amendments with a view to…
…in Canfor v. U.S., administered under UNCITRAL Rules, allowed the U.S.’s consolidation request of Tembec v. U.S. and Terminal Forest Products v. U.S. into a common proceeding, as all the…
…arbitration under the UNCITRAL Rules administered by the PCA. Notably, the Model Concession Contract under the Public-Private Partnership framework and the Model Mining Services Contract also provide for arbitrations administered…
…parties’ inadequate compensation for losses are outweighed by benefits that include increased flexibility and access to justice.6)The Law Reform Commission of Hong Kong, Report, Outcome Related Fee Structures for Arbitration,…
…helping the judiciary reduce the backlog of cases by implementing alternative dispute resolution mechanisms. Investor-State dispute settlement (ISDS) reform continues under the auspices of UNCITRAL Working Group III, the developments…
…have done in the circumstances that a reasonable person might think the explanation might be bias. A challenge based upon an assertion that the UNCITRAL Rules do not grant the…
…later use this as a benchmark to evaluate the disclosure obligations of arbitrators and their challenge under the Indian Model BIT. Weiyao Han, Ad Hoc Arbitration Reform in China: A…
…have been particularly vocal in multilateral ISDS reform discussions in UNCITRAL or ICSID, despiteing. III. Anti-ISDS Again: Since Late-2022 After Labor won the general election in May 2022, the…
…resort to the UNCITRAL Model Law on Electronic Commerce (“Model Law on Electronic Commerce”) or the United Nations Convention on the Use of Electronic Communications in International Contracts (“Electronic Communications…
…(LACI) was enacted. The LACI is mainly based on the Model Law of the United Nations Commission on International Trade Law (UNCITRAL). In this sense, it has been argued that…
The author presented on this topic at the ACICA/CIArb Future Frontiers Conference, held in Melbourne, Australia on 7 November 2022 during Australian Arbitration Week. This piece elaborates on the presentation…
…the UNCITRAL Rules and other ad hoc rules). 2. Jurisdiction In FY2022, the majority (56%) of cases were brought under bilateral investment treaties (BITs) (FY2021 – 63%, FY2020 –…
