…Morales pithily, if inaccurately, summarized hostility to investment arbitration, “transnational corporations always win investment arbitrations,”1) See, e.g., European Parliament, Multilateral Investment Court. Overview of the reform proposals and prospects; Gary…
…in some countries that have a longer track-record of arbitration, for instance, the English Arbitration Act and Singapore International Arbitration Act, as well as by the UNCITRAL, in particular the…
…consistent with the goal of the Macau Special Administrative Region (SAR) government to promote Macau as a preferred Lusophone arbitration seat. Based on the UNCITRAL Model Law, the 2019 Law…
…rules such as those promulgated by the ICC, ICDR, SIAC, LCIA, UNCITRAL, and HKIAC, with a view to assisting businesses in enhancing their human rights practices. This post will shed…
…order to have an enhanced arbitration-friendly environment to resolve complex IPR disputes more efficiently and effectively. Until such a reform is achieved, parties should take into account whether the applicable…
…appropriate threshold, as disputes of lower values are not necessarily less complex. An alternative could be to establish more flexible criteria. UNCITRAL circumvented these problems by making expedited proceedings opt-in,…
…with international best practices, Dr Khatchadourian (successfully) advocated the need to adopt the UNCITRAL Arbitration Rules to bring QICCA at par with other leading institutions in the world. During 2020…
…Pacific Islands, with a number recently adopting the New York Convention and engaging in legislative reform, including Fiji, Palau, Tonga and Papua New Guinea. Australia’s strategic, political, and economic…
…arbitrations, the Arbitration Act has knowingly deviated from the UNCITRAL Model Law, which only intended to apply this provision to domestically seated arbitrations. It appears from Raffles v. Educomp (supra)…
…International Trade Law (UNCITRAL) Model Law is three months. Although Article 34(3) of the Model Law does not appear to confer upon domestic courts discretion to extend this time limit,…
…against Colombia The UNCITRAL Arbitration In the UNCITRAL arbitration proceedings, the Carrizosa brothers requested compensation in the amount of US$ 323 million for the alleged breach of the TPA. The…
…for countries to emulate in their investment treaties and laws, might well help to address legitimacy-based concerns about ISDS. Relatedly, recent years have seen significant ISDS reform efforts, including…
…East – Asia region (see blog coverage here). Moreover, not only commercial arbitration is full of TPF standards. Recent work undertaken by the UNCITRAL Working Group III covers the issue…
…(the Revised Draft) in July 2021, and whether the reform would boost Mainland Chinese cities to become the “future centres of international arbitration”. Mr Eliasson recognised the importance of the…
…Arbitration Act, which entered into force in 2014, is the principal legislation on arbitration in the BVI. The Act is based on the UNCITRAL Model Law and establishes the BVI…
…regulated, traditional fields. Furthermore, the danger of dishonest online jurors calls into question the alleged incorruptible nature of the blockchain technology. UNCITRAL Working Group III Efforts to promote ODR…
…conducted within the ICSID regime and were subject to other arbitration rules (e.g. the UNCITRAL, SCC or ICC rules) and to the mandatory procedural principles of the seat. Non-ICSID tribunals…
…Moreover, both arbitrations were invoked under the India-UK BIT, conducted in accordance with UNCITRAL Arbitration Rules 1976, and administered by the PCA. The Cairn Arbitration was seated in the Netherlands,…
…a designated arbitration commission has been heavily criticized for being inconsistent with the international trend as embodied in the UNCITRAL Model Law (the “Model Law”). (See, e.g., here and here.)…
…fact that the setting-aside provision under the Act is closely modelled on Article 34 of the UNCITRAL Model Law, which uses a clearer title “Application for setting aside as exclusive…
…the UNCITRAL Working Group III on reforms to Investor-State Dispute Settlement (ISDS). Professor Shin noted that the impact of COVID-19 would be more severe in both absolute and relative terms…
Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially…
…UNCITRAL Model Law in 2005 (in its initial 1985 version, without the amendments adopted in 2006); shortening the timeline of post-award proceedings in 2016; implementation of the EU law on…
…UNCITRAL award rendered in 2013. Since the arbitration proceedings, the debate focused on whether the tribunal had ratione materiae jurisdiction over the claimant’s contractual rights, and more specifically whether the…
