There’s a story told of Abraham Lincoln who, during his days as a working lawyer, was riding in a stagecoach from one rural courthouse to another. His companions got to…
…Act 1889 (UK). However, in the 1960s, there emerged a movement for reform to adopt a uniform legislative framework for domestic arbitration. This was achieved for the first time between…
…creating these courts is not new, it was also included in the current Chilean Constitution prior to its reform in 2005. However, these courts were never implemented. The difference with…
…in such cases, unlike the Bill’s proposed reform, if a party objects, the award will not be published. Third, the creation of a new standard of independence and impartiality (“minimum…
…Uzbek arbitration legislation into line with international laws and norms, such as the UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006. Arbitration is still…
…hearing your thoughts on UNCITRAL’s reform process and its impact on international investment arbitration. WGIII has focused on several key topics for reform. In your view, which reform options…
In November 2021, the Law Commission of the United Kingdom announced its review of the English Arbitration Act 1996. Among the critical issues of the reform is the debate on…
…Dodd-Frank Wall Street Reform and Consumer Protection Act prohibited enforcement of the parties’ arbitration agreement. The district court denied Carrington’s motion to compel arbitration, accepting Attix’s assertion that the Dodd-Frank…
…the UNCITRAL Rules, to determine that it had jurisdiction to decide the request for disqualification. Both NAFTA and the UNCITRAL Rules grant arbitral tribunals broad discretion to conduct the proceedings…
…Sources of Law in Serbia Allow for Third-Party Funding Arrangements? UNCITRAL defines third-party funding as: “an agreement by an entity (the “third-party funder”) that is not a party to a…
Negotiations towards a modernized Energy Charter Treaty (ECT, Treaty) ended on 24 June 2022, with the States Parties reaching an agreement in principle following discussions towards reform that began in…
…International Trade Law (“UNCITRAL”) held in New York which, among other topics, focused on the recent fourth draft of the joint ICSID-UNCITRAL Code of Conduct for Adjudicators in International Investment…
…modernization reform, depending on language and interpretative rules used. In ISDS practice, notions of economic harm are impacted by evolving understandings of the environmental and climate interplay, and laws regarding…
…current work of the UNCITRAL Working Group III on this topic and pointed out that the multilateral investment court is a response to the perceived shortcomings of the judicial systems…
…notion of regulatory stability demands the tribunal to conduct a balancing test on the merits of the regulatory reform to determine the fairness and reasonableness of the measure under review…
…Court of Arbitration under the UNCITRAL Arbitration Rules. The Claimants argued that this proceeding was distinct from the previous proceedings, as they brought claims related to Chile’s lack of compliance…
…just another desperate attempt at reform of a failing regime? This post offers an overview of the main points of discussion on whether amicus curiae provide a viable solution to…
From 28 March to 1 April 2022, Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) held a Colloquium to explore legal issues related to dispute…
…rules) and take into account changes (postdating the rules’ last amendment, in 2000) to the UNCITRAL Model Law and Canadian arbitration legislation, all while preserving well-tested elements of the international…
…10 of the contract also refers to Nauru’s duty not to expropriate NORI’s assets. Finally, this sponsorship agreement selects arbitration in accordance with the UNCITRAL Arbitration Rules for the settlement…
…Oro decision is not the only recent award that dulls the effect of new-generation IIAs. As I discuss in my book, Investment Arbitration and State-Driven Reform: New Treaties Old Outcomes,…
…close to heart as we continue to move down the road of improvement and reform. The social, econonomic and political shockwaves we have witnessed over the past few years have…
…stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt to develop universal rules of…
…national or nationals that have been rejected.” (para.182). After this initial ruling, in 2009, CANACAR (Cámara Nacional del Autotransporte de Carga) brought an UNCITRAL investor-State arbitration under NAFTA Chapter 11…
