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…
…to certain provisions for guidance on various challenges in different contexts. The panelists also highlighted the role that the VCLT can play in ongoing efforts to reform the investor-State system….
…of any guidance to govern the matter in the UNCITRAL Model Law and a lack of uniform guidelines and approaches in soft law instruments. This situation highlights the need for…
…especially because it was a joint initiative of UNCITRAL and ICSID, would conceivably have implications outside of the main area of application, i.e. investor-state arbitration. The draft Code brings the…
…VCLT’s interpretive tools. Florou discussed how the VCLT’s tools could be deployed to secure interpretive consistency and enhanced multilateralism in investment law – key goals of current ISDS reform efforts….
…Jan Heiko Köhlbrandt (ADM) and moderated by Johanna Büstgens (Hanefeld). Arbitral proceedings, investment treaties and arbitral decision-making have, to varying degrees, been influenced by environmental considerations. At a treaty-reform level,…
…without permanent partners. The costs fallacy, that ADR and arbitration increase the overall cost for dispensation of justice. The arbitration law reform fallacy, that the status of the arbitration law…
…for low-value disputes, such as the UNCITRAL Expedited Arbitration Rules. As the Report explores (pp. 16-24), expedited rules are especially suitable for parties with limited means, which require a quick…
…that invested in Mexico after the passing of the 2013 comprehensive energy reform are alleging unfair and discriminatory treatment. Mexico’s North American partners have not remained quiet. In July 2022,…
…against bias in the arbitration context may inform potential legislative reform efforts. The opinions expressed in this blog post are those of the authors alone and do not reflect the…
…ICSID) delivered the keynote speech. Her insightful comments focused on the key changes in the 2022 ICSID rules, which were five years in the making. The reform, which represents the…
…Article 16(3) of the UNCITRAL Model Law presupposes a hearing de novo without deference to the arbitral tribunal’s decision. Some of these cases also emphasized the absence of appeals from…
…reviewed the Act and published a Consultation Paper on possible reforms (the “Paper“), seeking input from stakeholders by 15 December 2022. The objectives of the reform process are to modernise…
…can be learned from the pandemic and in the context of ongoing ISDS reform: Collaboration: During the Covid-19 pandemic, there was clear cooperation between investors and States. Many States implemented…
…rules. The amendment of the arbitration rules coincides with the intensified efforts to reform the system of investor-state dispute settlement to make it less expensive, more time efficient and fair…
…Schacherer.1)Makane Moïse Mbengue, Stefanie Schacherer, ‘The ‘Africanization’ of International Investment Law: The Pan-African Investment Code and the Reform of the International Investment Regime’, Journal of World Investment & Trade 18…
…law. ECT Modernization Process While the ECT modernization process discussions started in 2017, the first negotiation only started until 2020. The ECT Reform negotiations ended in June 2022. Mr….
The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy Charter Treaty (ECT)…
On the second day of the 11th Asia-Pacific ADR Virtual Conference, the KCAB, the South Korean Ministry of Justice, the ICC Court of Arbitration and UNCITRAL hosted a panel on…
…process paranoia that has been taking place, especially with backing from courts and institutions. Mr. Jana made reference to the UNCITRAL Expedited Arbitration Rules (2021), remarking that UNCITRAL had created…
…on investment claims. Prof. Hugo Barbier focused on UNCITRAL Working Group III, which is examining the ability of shareholders to recover in investment treaty arbitration for losses which, under many…
…to enforce interim arbitration measures in a significant number of jurisdictions under the UNCITRAL Model Law on International Commercial Arbitration (with amendments as adopted in 2006). Ms Campbell concluded her…
…that have adopted the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law“), such as e.g. Germany, Singapore, and Denmark, generally do not have rules on revision. This…
…challenges related to the criticisms around legitimacy in international arbitration as a dispute resolution system. On the investment arbitration side, several panelists addressed the work on ISDS reform at the…
