…setting aside. This is statutorily provided for under Article 34(4) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). This was the situation in CKG v CKH [2021]…
…the invalidity of the arbitration agreement; and the BGH upholding the ruling of the Higher Regional Court of Frankfurt am Main, which had declared Austrian Raiffeisen Bank’s UNCITRAL arbitration against…
…development of publication of awards in the ISDS, highlighting NAFTA cases, the amendment of the ICSID Rules in 2006 and the creation of the UNCITRAL Rules on Transparency in Treaty-based…
…included both the electric power and oil industries. This reform basically set a roadmap for Mexico’s energy transition and its implementation is, and will continue to be, crucial for Mexico…
…unlikely to serve its interests. Clearly, the better approach is to actively engage with the investment treaty system and to seek reforms by building broad consensus. The reform process is…
…– UNCITRAL, for helping raise awareness of the bill’s risks and disadvantages. Mr. Abbud then explained the importance of the Conference’s theme. According to Professor Selma Lemes’ 2022 empirical research…
…the mounting global challenges regarding energy investment, climate action, and sustainable development. The ECT reform process missed the mark in nature, scope, ambition, and speed to address the ECT’s risks…
…arbitration process that remains unregulated: the organization of the proceedings is guided by the UNCITRAL Notes on the Organization of Proceedings; the evidentiary process is guided by the International Bar…
…The modernised text applies the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration to all investor-state arbitrations under the treaty (Art 26(6)), enhancing the transparency of the process and encouraging…
…who drafted the original Act, Mr Navaratnam emphasised the need to bring the soul of the Act back in line with the UNCITRAL Model Law. Mr Navaratnam sought to examine…
…of IHL and IIL, both in theory and practice. To that end, reform of these treaties is necessary given that these treaties are the only way for investors to seek…
…the Peruvian government, thus violating his legitimate expectations. Peru’s Jurisdictional Objections In accordance with article 23 of the 2013 UNCITRAL Rules, applicable to the case, Peru raised six objections…
…Legislation to modify arbitration has been introduced, but it has not been successful. In the case of Chile, Rafael also raised the issue of the recent intent to reform the…
…criteria adopted by different tribunals1)Some of the cited cases were: Saluka Investments B.V. v. The Czech Republic, UNCITRAL, Partial Award, 17 March 2006; Olin Holdings Ltd v. Libya, ICC Case…
…that most ECT arbitral tribunals disrespect jurisdictional limitations resulting from EU law. It also perceives that the chances to accomplish a successful reform of the ECT in the current negotiations…
…the UNCITRAL Model Law 2006. Interim measures The proposed changes include: clarifying the types of interim measures that can be granted by tribunals including, specifically, orders to maintain or restore…
…account matters such as the equality of arms, as well as issues regarding costs, consistency, independence and impartiality. There is a need for structural reform, he concluded. In this process,…
…that time, Working Group III has developed text with reform options and there is an agreed framework which will act as a vehicle for reform by 2026. Ms. Joubin-Bret also…
…2, which is now ongoing, delegates can expect another busy day of interesting panels and side events. Panels will touch upon ISDS reform, regional perspectives from all corners of the…
…and the Cook Islands, Tonga is the only other Pacific Island country to enact legislation based on the UNCITRAL Model Law on International Commercial Arbitration. What has contributed to Tonga’s…
…basis for the exclusion of a document before an arbitral body under the IBA Rules on the Taking of Evidence. (IBA Rules, art. 9(2)(b).) The UNCITRAL Model Law, ICC Rules,…
…Convention” for the enforcement of mediated settlements was introduced at the 2014 UNCITRAL Working Group II session by which country? Singapore The United States of America Ecuador Australia The Netherlands…
…seek court assistance to compel witnesses in the U.K., § 43(3)(a). On the other hand, other jurisdictions do not bless users with such clarity. The UNCITRAL Model Law provides a…
…Seat for International Arbitration? Charles T. KOTUBY Jr and Alberto POMARI highlight some of the key features of the 2021 reform of Italy’s arbitration law and analyses whether they bring…
