…in identical terms to Article 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”). This section provides that an arbitral award may be set aside by…
…public and private spaces. This growth is evident in infrastructure contracts and sector-specific legislation, prompting the need for arbitration in these areas. The 2015 BAA reform (Law 13.129 of 2015)…
…on the UNCITRAL Model Law and were first introduced in 2013. They are wholly silent on delegation of tasks to an arbitral secretary. This ruling reaffirms that there is no…
…embracing all forms of ADR, despite the long-time existence of negotiation and settlement agreements. A Change in Paradigm: The 2008 Constitutional Reform A turning point came in 2008 with…
…under no legal obligation to provide reasons unless the agreement specifically provides for it. The UNCITRAL Model Law on International Commercial Arbitration, 1985 was the first to expressly delineate the…
…administration, AMLO’s unfriendly ideology towards foreign investment has already annulled the 2013 pre-existing energy reform, prioritized state-owned energy and fossil fuel generation companies, canceled incentives for renewable energy projects, and…
…to make documents available for inspection by the Arbitral Tribunal, other party or expert. Similarly, the UNCITRAL Arbitration Rules 2021, Article 27.4 provides: “The arbitral tribunal shall determine the admissibility,…
…reform. The European Commission led the modernization process principally with the goal of aligning the ECT with the Paris Agreement. After fifteen rounds of negotiations, in June 2022 the Contracting…
…first and foremost, based on the principle of impartiality and independence of arbitrators. Although the Russian International Arbitration Act, based on UNCITRAL Model Law 1985, does not mention such a…
…of the major arbitration rules expressly recognise the parties’ prerogative to decide upon the procedure and limits of the tribunal’s mandate. For example, the UNCITRAL Model Law on International Commercial…
…Sec. 10. The appointment of sole or presiding arbitrators will be made under a list-procedure process, similar to the appointment process under the UNCITRAL Arbitration Rules. The list-procedure is not…
Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of…
…can imply. In April, UNCITRAL Working Group III completed work on its draft Code of Conduct for Arbitrators and earlier this month UNCITRAL adopted it during its 56th annual session…
…The Inspiration from the UNCITRAL Model Law Many provisions are inspired by the UNCITRAL Model Law. For example, article 1231-10 of the NCPC is directly copied from article 25 of…
…in preference to any principle of positive law. Deciding cases on an ex aequo et bono basis is also permitted under Article 28(3) of the UNCITRAL Model Law, subject to…
…faith principle, especially significant since the 2016 reform. The panel took the audience through the life cycle of a contract by comparison with Israeli law – and found several similarities….
…include both institutional reforms (ICSID rules reform, UNCITRAL technical notes, and more) and grassroots research such as discussions with institutions, stakeholders, hi-tech companies’ general counsels and external counsels who expressed…
…UNCITRAL and Israel. The afternoon event started with a fireside chat with Mr. Andrés Jana, Chair of UNCITRAL Working Group II and Ms. Anna Joubin-Bret, UNCITRAL Secretary. The event also…
…picture to fill the gap, applying rules applicable to judges also onto arbitrators. UNCITRAL/ICSID Code of Conduct for Arbitrators in Investor-State Dispute Settlement After the above panel, Dr. Baltag…
…multiple initiatives have been taken, such as the 1997 UNCITRAL Model Law on Cross-Border Insolvency. For example, when the assets of an enterprise are located in different jurisdictions, a workout…
…dispute settlement are currently facing an existential crisis and undergoing a review and reform process. While efforts to reform investment treaty arbitration continue in various forums including the United Nations…
In 2019, a blog post discussed the push in Kyrgyzstan towards expanding the scope of arbitrable disputes. This trend has continued with the recent Tax Code reform, which allows tax…
…Commercial Arbitration in 1976. So, Kluwer had already been actively publishing arbitration publications for quite some time. I met with Eric several times during his UNCITRAL days. He is the…
…believes should be included in the draft bill, and the four further matters proposed by the Ministry for discussion. The White Paper commences the first significant arbitration law reform in…
