…(Cap 143A, 2002 Rev Ed) (“the IAA”), and Arts 34(2)(a)(ii) and 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). The Judge found that there was…
Issues relating to the arbitrability of disputes have gained increasing prominence in recent years. The question of which law ought to govern an arbitration agreement and concomitantly the inquiry as…
…The post first gives an overview of the model clauses drafted by UNCITRAL, explaining the role played by the UNCITRAL Expedited Arbitration Rules (“Expedited Rules“). Then, it addresses UNCITRAL’s approach,…
…arbitrator shall be appointed by local courts. The Supreme Court applied Chile’s LACI , which is modelled after the 1985 version of the UNCITRAL Model law, and it dismissed the…
…under the UNCITRAL Rules) may not necessarily fall under the NYC. This would be against the NYC’s clear wording, according to which Austria is obliged to recognize and enforce any…
…can only be properly understood through a multidimensional analysis. Legitimacy is earned, not granted. Put differently, the performance of a rule must be scrutinized for potential reform or even transformation,…
…for ISDS reform and policy in the years ahead. First, it explores the applicability of the MoA in ISDS cases. Second, it analyses ISDS tribunals’ application of the MoA and…
…in June 2022. EU Member States started voicing their dissatisfaction with the degree of reform and its compatibility with the Paris Agreement goals. The ECT reform proposals and the responses…
…other things, third-party funding, arbitrator’s immunity and the establishment of an award review tribunal. It further generally provides for the incorporation of the 2006 amendments of the UNCITRAL Model Law….
…Parties in accordance with Article 41 (5) of the UNCITRAL Rules. In the enforcement proceedings, the Czech Republic was denied enforcement of the cost award because it was not clear…
…based on article 190(2)(b) PILA against the award of 17 June 2021. In the UNCITRAL arbitration PCA No. 2015-30, Clorox Spain S.L. (‘C.S.’) sought payment of damages from Venezuela for…
…state’s right to regulate, especially when it comes to transition to greener sources of energy. In the ICSID-administered Westmoreland Mining Holdings v. Canada case, an UNCITRAL tribunal declined jurisdiction because…
…pressing if unsophisticated dilemma of ‘reform or die’. In light of the substantive and institutional provisions discussed above, the EU-Chile Agreement should be welcomed by those on the reform side….
…April 2023. UNCITRAL WGIII Institutional Reform In 2020, the Blog ran a series on UNCITRAL’s Working Group III (“WGIII”), and since then, there have been several blog posts on…
…African States’ Investor-State Dispute Settlement (‘ISDS’) reform strategy. They also expect the Model BIT will promote the codification of Investment Policies and Laws for African States. The Model BIT is…
…an ISA is: something which falls within the scope of the first four paragraphs of Article V(1) of the New York Convention and Article 36(1)(a) of the UNCITRAL Model Law….
…ongoing debate on the reform of Investor-State Dispute Settlement. As known, one of the proposals is to replace party appointed tribunals with a permanent court. This is meant to ensure…
2022 was a busy year for the United States Supreme Court’s arbitration docket. The Court spent significant time defining the role of federal courts in arbitration-related litigation: it curbed Section…
…will be required for cases where the LCIA merely acts as fundholder or performs services in disputes adjudicated under the UNCITRAL Rules. In addition, as anticipated , OFSI has recently…
…procedural rules adopted by international organisations like the United Nations Commission on International Trade Law (UNCITRAL)? Should the course encompass also questions around the enforcement of international investment arbitration awards…
…and the largest amount awarded was USD 40 billion in the Hulley v. Russia case. Status of the debate at the UNCITRAL Working Group III On November 2018, at…
…International Trade Law (UNCITRAL) rules? For some, if the consent is not established under the base treaty itself, it would be hardly reasonable to import consent from a treaty between…
…(CAM-CCBC) also launched new Arbitration Rules in November 2022, which replaced its 2012 Arbitration Rules. Among other changes, the new Rules (i) allow the CAM-CCBC to manage UNCITRAL arbitration proceedings;…
…of the Tribunal; (c) the complexity of the issues; and (d) the reasonableness of the costs claimed.” The UNCITRAL rules of both 1976 and 2010 are guided by the trend…
