…implementing international arbitration model laws, including the UNCITRAL Model Law on International and Commercial Arbitration and the OHADA Uniform Arbitration Act, into their national law. Most recently, Nigeria enacted the…
…sufficient level of perceived social acceptability. Ongoing reforms (revised ICSID Rules, UNCITRAL’s Working Group III), offer future perspectives: mechanisms to dispose of manifestly unfounded claims early or require claimants to…
…breakthroughs of the Code and the UNCITRAL Working Group III (“WG III”). Ashwita Ambast also highlighted other remarkable features of the Code, such as the regulation of double-hatting and tackling…
…have similar concepts. In arbitration, however, a third-party notice does not easily work. German arbitration law (an adoption of the UNCITRAL Model Law) does not provide for it. That also…
…within the framework of Australia’s International Arbitration Act 1974 (“IAA”), which incorporates in amended form the UNCITRAL Model Law. Relevantly, section 7(2) requires a court to refer matters the subject…
…an additional partial award clarifying certain aspects of its earlier decision based on an application by Gabriele pursuant to article 39 of the UNCITRAL Rules and s. 79 of the…
…Arbitration Act 2017 (“IAA”) (which adopts Article 8(1) of the UNCITRAL Model Law). In doing so, the Court therefore confirmed that the effect of non-compliance with such a clause was…
…two Dutch companies obtained an award in 2020 from a Swiss-seated UNCITRAL tribunal. I. The U.S. Enforcement Actions and the Cross-Atlantic Duel of Injunctions Investors in both NextEra and…
…the STJ to provide further clarity and cohesiveness in Brazilian arbitration case law, particularly in light of the on-going attempts to reform the legal framework of arbitration in Brazil, as…
…basis in the UNCITRAL Model Law (UML). Yet, it is regarded as one of the most progressive arbitration statutes due to its pro-arbitration spirit. Prior to the present reform attempt,…
…the work of UNCITRAL’s Working Group III and how the work has evolved into a series of building blocks of ISDS reform. Next, Oleksii Izotov casts some light on the…
…UNCITRAL Model Law on International Commercial Arbitration, the Latvian regime was claimed to be the last of the 46 member states of the Council of Europe to not provide for…
…Rule 58 of the 2022 ICSID Additional Facility Arbitration Rules, Article 21(3) of the 2021 UNCITRAL Arbitration Rules, and Article 9 of the 2023 SCC Arbitration Rules. Under each set…
…legal and other costs incurred by the parties”; and Article 40.2(e) UNCITRAL Arbitration Rules 2021 and Article 40.2(e) UNCITRAL Arbitration Rules 2010 provides for “[t]he legal and other costs incurred…
…enhance independence and impartiality. The first approach taken by the SCIA is to reform the governance structure around international arbitration, namely the governing statute. A piece of unique legislation, the…
…investment in the arbitral institution. A traditional Asian Financial center, Hong Kong was one of the earlier jurisdictions to adopt the UNCITRAL Model Law into effect in 1990. In 1994,…
…frameworks across these regions, noting their adoption of the UNCITRAL Model Law, which offers a familiar and favorable legal environment for international arbitration. Harpole emphasized California’s cultural diversity as a…
…they are both known for their arbitration friendly laws and courts, have adopted the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”) with modifications, and are often early…
…arbitration. This pivotal legislation incorporates the UNCITRAL Model Law on International Commercial Arbitration of 1985 (with amendments as of 2006) and re-introduces the New York Convention, underscoring the country’s alignment…
…This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions…
…the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”),…
…Zimbabwe’s Land Reform Programme. The case is, in that respect, a brief chapter in a much longer story. Zimbabwe was ordered to pay the Claimants an award of approximately US…
…the refurbishment of a thermal electric station. In 2006, the parties settled and the case was discontinued. Paushok v. Mongolia was an UNCITRAL arbitration under the Russia-Mongolia BIT involving the…
…Spanish courts can only be relied on in exceptional cases. The Annulment Regime Under Spanish law The SAL is modelled on the UNCITRAL Model Law, including with regard to the…
