…the agreement. Moreover, in the fourteenth negotiation round, a major success for transparency was achieved by reaching consensus to have the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration applied…
…A New ‘UNCITRAL Model Law on International Commercial Adjudication’: How Beneficial Could It Really Be? The United Nations Commission on International Trade Law (UNCITRAL) has promoted Alternative Dispute Resolution (ADR)…
…Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. In addition to these grounds, several others, outside the two instruments mentioned above, have been identified in the…
…an arbitration under the AMINZ rules, and having a New Zealand seat generally? The Arbitration Act is a modern statute, incorporating the UNCITRAL Model Law, and New Zealand could be…
…split among the Circuit Courts over whether private arbitral tribunals fell within the phrase “foreign or international tribunal” in Section 1782. The second case concerned an ad hoc UNCITRAL arbitration…
…cases, holding that neither the DIS tribunal in ZF Automotive, nor the ad hoc BIT tribunal under the UNCITRAL arbitration rules in AlixPartners falls within the scope of §1782. To…
…the UNCITRAL Model Law on International Commercial Arbitration. Several other grounds, outside the two instruments mentioned above have been identified in the Database. This type of empirical research is routinely…
…data. For the setting aside data, the grounds were based on Article 34 of the UNCITRAL Model Law. While for the enforcement data, the coding was based on Article V…
…ISDS, particularly the reform options deliberated and developed in the UNCITRAL Working Group III (ISDS Reform). Considering that the mandate of WG III is limited to concerns and reforms associated…
…is not. One minister of legal affairs intervened in an UNCITRAL case to claim that it had authority, and the tribunal stayed the proceedings. Usually, tribunals afford greater weight to…
On March 21, 2022, the Member States of the International Centre for Settlement of Investment Disputes (“ICSID”) approved a comprehensive reform of its rules and regulations, including the rules of…
…Korean Arbitration Act and “Public Policy” Korea’s Arbitration Act is based on the UNCITRAL Model Law. However, the Act does not adopt Chapter VIII of the Model Law concerning enforcement…
…wider dissemination of their full contents. In 2018, at the outset of its current efforts on the reform of ISDS in general, Working Group III of the United Nations Commission…
…mainly due to its excellent legal infrastructure, arbitral practice, accessibility, and reasonable costs. The German law of arbitration is substantially based on the UNCITRAL Model Law on International Commercial Arbitration…
…of climate governance. The Tribunal’s award prevented Grenada from ending GRENLEC’s monopoly, and thus, limited the capacity of the island to reform its regulatory environment to foster investment in renewable…
…Profile Navigator and Relationship Indicator tools approach issue conflicts, particularly with regard to the disclosure obligations found within the draft Code of Conduct being discussed at UNCITRAL Working Group III?…
…contents of the 2006 amendments to the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Korea’s Arbitration Act was amended in 2016, and the KCAB International Arbitration Rules were…
…In line with this, Bulgaria can be proud of being one of the first jurisdictions to adopt the UNCITRAL Model Law in its domestic law. The celebration of Eastern European…
…UNCITRAL rules, suggesting that the DIAC could be a neutral institution for administration, and one that could be more popular than other options, particularly for Russian parties. Conclusion The…
…need to avoid allegations of failure to state reasons than with engaging with the arguments raised. Ordóñez also noted that in 2020, UNCITRAL Working Group III (“WGIII”) issued a note…
…the reasons for this reform and why now? The answer is multidimensional. When a state considers whether to adopt such a reform the underlying policy case for the reform must…
…(including in Quebec) are based on the UNCITRAL Model Law. That does not mean these statutes are without difference. Some provinces have customized their legislation adding specific details. There is…
The 2019 Moroccan Model BIT (the ‘2019 Model BIT’) is a good example of the growing body of ‘new generation’ Model BITs fuelling the ISDS reform conversation. Broadly speaking, the…
…energy industry. We also refer to potential disputes triggered by States’ measures to reform pension funds regulations. Finally, we refer to the rise of tech and telecom ISDS disputes. …
