…Chapter 11, which provided an ISDS mechanism for arbitration under UNCITRAL or ICSID Additional Facility Rules. As we have written previously several times, commentators focused on the “balanced” treatment enabled…
…law (i.e., the Domestic Arbitration Act 2023), was a timely reform proposal that encompasses UNCITRAL Model Law to introduce best international practices, such as expeditious procedures to recognise and enforce…
…a bold and ambitious plan for reform in Pakistan. A watershed moment of sorts, not only because the global arbitration community descended on Pakistan’s cultural hub, Lahore, but also because…
…an important consideration in terms of one of the pillars of systemic reform options discussed in UNCITRAL Working Group III – the appellate mechanism. Another important factor is the design…
…May 2023. The New Act, which is based on the revised UNCITRAL Model Law adopted in 2006 and the result of years of reform effort, significantly improves the legislative framework…
…negotiations on a Multilateral Agreement on Investment in the 1990s and continues with the ongoing discussions at UNCITRAL Working Group III (WGIII) on the reform of investor-State dispute settlement (ISDS)….
… Legal Reform of the KSA’s Arbitration Law and Its Implementing Regulation Many commentators have argued that the 1983 KSA Arbitration Law (“1983 Law”) was not effective in improving the…
…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…the statutory language deviates from the UNCITRAL Model Law. That could be read as requiring a seat which can be localized or determined at all. ICSID arbitrations, however, are delocalized….
In the forest of reform deliberations at the UNCITRAL Working Group III (ISDS Reform), the development of a draft Code of Conduct for decision-makers in investment disputes (Draft Code) was…
…to modernize ECT have been inconclusive, with some EU member states and then the EU Parliament formally declaring their intention to withdraw from ECT. If ECT reform efforts fail as…
…here). Prior to the 2023 Law, Greek-seated international arbitral proceedings were governed by Law 2735/1999 (the “1999 Law”), which was based on the 1985 version of the UNCITRAL Model Law…
…attacks against the U.S. and signaling to trading partners that they will not be penalized for prioritizing the public interest.” UNCITRAL Working Group III is working to create a supranational…
…Dispute Settlement (ISDS) to be presented for final approval at the UNCITRAL Commission in July 2023. This is a significant development for the ISDS reform process which and has long…
…of the seat). Deviating from the lex fori approach The SCA was aware that since the UNCITRAL Model Law on International Commercial Arbitration provides that the lex fori (i.e.,…
…claimant Mohamed Abdel Raouf Bahgat against Egypt in an UNCITRAL arbitration under the Egypt-Finland BIT, the funder (Buttonwood Legal Capital) filed a claim to recover its share of the success…
…as part of reform efforts including for instance confidentiality and third-party funding. He further noted that there has always been a lively debate about whether arbitrators have power for summary…
…expressed support for this reform from the perspective of principle and policy, and observed that this will likely affect the position taken by courts in Asia. In turn, Sara Masters…
…Reform, or Not to Reform?” Rt. Hon. Dame Elizabeth Gloster DBE, PC spoke about the reform of the English Arbitration Act 1996 (“the Act”) – a topical issue that had…
…and substantive reform of international investment law. It remains to be seen whether ongoing efforts at UNCITRAL Working Group III and other fora will achieve significant improvements on this front….
…the tribunals to determine early determination. UNCITRAL has adopted this approach in its legislative options, and thereby appears to be recommending that the best practice (as inferred from A/CN.9/1114) would…
…postponed indefinitely due to ongoing debates about the Treaty’s future, including various withdrawals from it. The modernization process encapsulates broader reform efforts and attempts to balance protecting foreign investment while…
…standards of investment protection (FET, expropriation), excludes intra-EU ISDS from the scope dispute settlement, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration are made applicable to all ISDS…
…definition of success.” Finally, the Hon. Georg Kodek (Sup. Ct. Austria) provided a comparative perspective. Judge Kodek noted the uptick in adoption of the UNCITRAL Model Law on International Commercial…
