Mālō e lelei, Tonga International Arbitration Act 2020!
…on 3 March 2021.1)The words “Mālō e lelei” in the headline are a common greeting in Tongan, usually translated as “Hello”. The Act is modelled on the UNCITRAL Model Law…
Search Results for: UNCITRAL reform
New York Arbitration Week 2021 Redux: Dispelling Cross-Cultural Enforcement Myths: The Arbitral Award in Seats of the Americas
…International Commercial Arbitration Law in 2018, which adopted the UNCITRAL Model Law with minor changes. Ms. Inés Corrá discussed three Argentinian Supreme Court decisions that, in her view, demonstrate the…
New York Arbitration Week 2021 Redux: Getting it Right: Building Quality + Trust in the Arbitral Process
…in Germany, Mr. Gusy concurred that civil law jurisdictions may approach the rule of functus officio on a more issue-by-issue level, drawing comparisons to the UNCITRAL Model Law which provides…
Arbitration Tech Toolbox, Artificial Intelligence, New York Convention, Robojudge, UNCITRAL Model Law
Arbitration Tech Toolbox: Are We Ready for the ArBot?
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an…
State Aid Unravels Everything: The Νοt (Quite) Binding Effect of Energy Arbitration in Greece
…under the CCP – comparable to the ones of the law on international arbitration (law 2735/1999) based on the 1985 UNCITRAL model law. Evidently, if this enumeration of criteria were…
ASA Launches the Arbitration Toolbox: A First-of-its-Kind Interactive Tool in the Field of International Arbitration
…arbitration proceedings more efficient, ASA has collaborated with UNCITRAL on the Toolbox project. The Toolbox now features on the UNCITRAL website as an additional resource to the UNCITRAL Notes on…
China, EU Law, European Union, Investment, Investment agreements, Investment law, Investment protection, Investment Treaties
Deal or No Deal: The Fate of the EU-China Comprehensive Agreement on Investment and its Potential Impact on Future Investment Claims
…determines that in the negotiations of the dispute settlement mechanism, parties will take into account progress on “structural reform of investment dispute settlement” in the context of the UNCITRAL. What…
Africa, BIT, Business and Human Rights Arbitration, Human Rights, Regime Interaction, Treaty, Treaty drafting
Notes From Practice: Announcing The SIFCA Framework – Is The Confluence Of Investment Protection With Business And Human Rights The Future Of Investment Treaties?
…must be determined by reference to the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration; A requirement that investors pay all deposits during proceedings; An express reference to the possibility…
One Year Anniversary of British Columbia’s New Arbitration Act
British Columbia (“BC”) was the first Canadian jurisdiction to introduce modern arbitration legislation based on international standards in the UNCITRAL Model Law in 1986. Despite being an early leader in…
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Null and void, United States, United States Courts, USA
Ninth Circuit Holds Article II, Section 3 of the New York Convention is “Self-Executing” and Not an “Act of Congress,” Thereby Affirming Order to Compel Arbitration
…UNCITRAL Secretariat found that “for a vast majority of States, the New York Convention was considered as ‘self executing.” Id. at 169. Therefore, while U.S. jurisprudence is controlling on whether…
Party Nominated Co-Arbitrators: Battle of the Titans
…characteristic of arbitration practice. Article 11 of the UNCITRAL Model Law provides a default solution where parties have not agreed how to constitute the tribunal. Several jurisdictions including Ethiopia, Kenya,…
Navigating the Sea Change in Law Firm Finance and Ownership in the U.S.
…proposals for reform without endorsing either one. Both proposals relied heavily on disclosure of the funding to the clients as the main regulatory mechanism but differed on whether client consent…
Is the End of Nationality Planning Nigh? Key Parallels between Double Taxation Treaties and IIAs
…how policy developments in both areas can impact each other despite each regime having its specific reform priorities. This also emphasizes the increasing need for a dialogue between tax and…
Can’t Budge: The Curious Case of Kabab-Ji and the New York Convention
…is a widely recognised approach also reflected in such major international instruments as the Inter-American Convention (Article 4), the European Convention (Article 58), UNCITRAL Model Law (Articles 34 and 36),…
Appeal, Procedural Error, Procedural Fairness, Procedural Order, Set aside an arbitral award, Set aside an international arbitral award, Singapore, Witness
CBS v CBP: Appeal Mechanism For Procedural Rulings Infringing Natural Justice?
…“the proper course of action would be to apply to the Arbitrator in the first instance, before knocking on the doors of the court.” Possible Reform: An Appeal Mechanism…
Counterclaims in Investment Arbitration: Reflections on UNCITRAL WG III Reform
The discussion within UNCITRAL Working Group III (WG III) on counterclaims has still remained, to a certain extent, deadlocked, as opposed to discussions on other topics under the table. As…
The Contents of the ASA Bulletin, Volume 39, Issue 3 (September 2021)
…second look doctrine, first espoused by the U.S. Supreme Court in Mitsubishi v Soler in 1985, and the doctrine of conditional arbitrability introduced in the 2015 reform of Russian arbitration…
The Mexican Energy Counter-Reform – Impact and the Illegality Threshold (Tenth Investment Arbitration Forum: Part I)
…Prof. Dr. Guillermo Estrada Adán of the Instituto de Investigaciones Jurídicas, UNAM. The topic of this year’s forum was “The Second Mexican Energy Reform” or energy counter-reform and the impact…
The Mexican Energy Counter-Reform: State Defense and Damages (Tenth Investment Arbitration Forum: Part II)
…Prof. Dr. Guillermo Estrada Adán of the Instituto de Investigaciones Jurídicas, UNAM. The topic of this year’s forum was “The Second Mexican Energy Reform” and the impact of the multiple…
Paris Arbitration Week: International Organizations as Users and Providers of International Arbitration
…variety of commercial and other disputes involving IOs, whether under the PCA rules or the UNCITRAL rules. Mr Doe shared his views on the following distinguishing features of IOs as…
Australian Arbitration Week Recap: Functus Officio in Arbitration
…Doyle noted, the extent to which a domestic court may intervene in an arbitration is provided for by the relevant institutional rules. For arbitrations brought under the UNCITRAL Model Law,…
Australian Arbitration Week Recap: When Does Privacy Become Secrecy in Commercial Arbitrations?
…absence of privacy or confidentiality provisions in the UNCITRAL Model Law, other jurisdictions have also sought to regulate these issues through national legislation, such as in Malaysia, Brazil, the Philippines…
CJEU Extends Achmea to Ad Hoc Arbitration Agreements Identical to Intra-EU BITs’ Arbitration Clause
…a Multilateral Investment Court currently discussed at UNCITRAL), as well as extending and improving the “Solvit” mediation mechanism (on the latter, see Commissioner Mairead McGuinness’ EuroCommerce Policy Talk on “Finance…
Arbitration Act, Case Management, China, HK Arbitration Week, HKIAC, Interim measures, Interviews with Our Editors, Third party funding, Tribunal Secretary
Interviews with Our Editors: In Conversation with Sarah Grimmer, Secretary-General of the Hong Kong International Arbitration Centre
…work typically with government officials, the judiciary, lawyers, and business groups. For example, we have worked with UNCITRAL’s Regional Centre for Asia and the Pacific in outreach to micro, small,…