…reflection, we return to pose the initial question on the title: Has the ICSID reform balanced the scales? While not entirely, the ICSID reform has managed to address most concerns…
…the BCCA considered the standard of review for an application to set aside an award under the equivalent of Article 34(2)(a)(iii) of the UNCITRAL Model Law, i.e. the award deals…
…global reform agenda and keeps being discussed under the auspices of UNCITRAL Working Group III. The EU is “committed to open trading relations” with China. The EU and China reached…
…to choose among the ICC Rules, UNCITRAL Rules or PCA environmental rules), the World Bank’s Forest Carbon Partnership Facility general conditions for emissions reduction payment agreements (PCA Secretary-General as appointing…
…the national arbitration statutes of arbitration-friendly jurisdictions (e.g. Article 1456(2) of the French Code of Civil Procedure; Article 12(1) of the UNCITRAL Model Law). Regarding the content of disclosure, Law…
…the Law Reform Commission of Hong Kong published a Consultation Paper in favor of ORFSs toward the end of 2020. The Consultation Paper indicated that such reform would help safeguard…
…of new IIAs; 2) updates to the binding treaty on business and human rights; 3) key investment arbitration cases; and 4) ISDS reform efforts. Overall, across these four foci, 2021…
…From the looks of it, international arbitration is poised to be California’s next starring role. An UNCITRAL Model Law Jurisdiction that Protects Parties Many attribute California’s delay in becoming a…
…domestic and international arbitration cases was in the construction, engineering and infrastructure industries, accounting for almost 50% of all reported arbitrations. The ICC, SIAC, and UNCITRAL arbitration rules were the…
…and the Member States will not change their quest to significantly modify or even completely eradicate ISDS arbitration. That quest is already ongoing at the UNCITRAL Working Group III on…
…modernisation and reform continues through UNCITRAL Working Group III, where the discussion has now turned to establishment of a standing first instance and appellate multilateral investment court, with full-time judges,…
…is probably mixed. 4) Procedural Issues in the Reform Process As we have written earlier, there have been three notable ISDS reform efforts: (i) UNCITRAL Working Group III, (ii) the…
…requires only invocation by arbitral tribunals. Reforming IIAs to Resolve the Conflict with Climate Law Reform of the framework of international investment law and treaty arbitration is underway –…
…perspective shift culminates in a reform debate, generally, and more specifically in a discussion of reinterpreting current IIAs and arbitration rules, on the one hand, and the long-term mission of…
…of the VCLT to investment treaties and in reform work in, for example, the UNCITRAL Working Group III and the Energy Charter Conference. Yet, despite the extensive discussions and reform…
…detail by a follow-up post), before focusing on interim measures. An Overview of the Upcoming Reform The reform seeks to increase guarantees of impartiality and independence for arbitrators by (i)…
The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete…
…Article 12.3 of the 2021 TIAC Rules. Conclusion In addition to the aforementioned initiatives in the technology sector, Uzbekistan’s recent recognition by the UNCITRAL as a model law jurisdiction, its…
…Department of the PRC, Mr. Peng Chenlei, Vice Mayor of Shanghai Municipal People’s Government, Ms. Anna Joubin-Bret, Secretary-General of UNCITRAL, and Ms. Lucy Reed, President of ICCA presented welcoming speeches…
…traditionally selected as arbitration friendly to host international arbitration cases. The Bulgarian International Commercial Arbitration Act (ICAA) is based on UNCITRAL Model Law. As discussed in previous posts on Kluwer…
…on points of law; the law concerning confidentiality and privacy in arbitration proceedings; and the electronic service of documents, electronic arbitration awards, and virtual hearings. The ISDS reform under the…
…KCAB INTERNATIONAL moderated a panel of practitioners, academics, and experts who discussed the current efforts to reform ISDS mechanisms. The panel discussed both UNCITRAL and ICSID’s responses to recent criticisms…
…have been defined as the “Energy Counter Reform,” and where the central topic of the Tenth Investment Arbitration Forum that we covered here and here. During the event, several experts…
…as regards the enforceability of such decisions rendered by an emergency arbitrator. We are of course closely observing UNCITRAL’s Working Group II which aims to improve the efficiency of arbitral…
