…even prior to the formal adoption of the UNCITRAL Model Law. Status Quo of International Arbitration—Modern Arbitration Law In 2017, South Africa adopted the UNCITRAL Model Law through the…
…under such a department risks undermining the broader goals of the reform from the start. The reform process should have drawn lessons from Rwanda, Egypt, Kenya, Mauritius, South Africa, and…
…should instead be sought under the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) (which has the force of law in Singapore by virtue of section 3 of the…
…to include immunity by the Uganda Law Reform Commission (ULRC). Rwanda’s Law on Arbitration and Conciliation in Commercial Matters is likewise silent, and the country’s position on the matter remains…
…contract to be governed by distinct legal systems. Together, these principles strengthen the case for reform by prioritising party autonomy and ensuring legal certainty. Separability: The Procedural Nature of…
…SIAC Rules 2025 is a welcome introduction, alleviating the likelihood of long-drawn-out court processes in India. The introduction is consistent with the UNCITRAL Model Law on International Commercial Arbitration, which…
…of a reasonable apprehension of bias, and thus the only possible remedy is a set aside. Essentially, under Article 34(2)(a)(iv) of the UNCITRAL Model Law, if a court finds a…
…is not just about law, but also about structure, empathy, dialogue, and foresight. The judiciary’s evolving openness to ADR is a shift that not only reflects institutional reform but signals…
The ICCA-KIAC Conference is approaching, taking place on 5 June 2025, in Kigali, Rwanda. It will focus on the theme “Africa & International Arbitration: Untold Stories” and discuss legal reform…
…challenges that Central Asian tribunals must consider within the region’s context. UNCITRAL’s reform elements—dispute prevention and mediation, codes of conduct, and procedural and cross-cutting issues—play a vital role in shaping…
…2018 of complementary instruments introduced by the United Nations Commission on International Trade Law (“UNCITRAL”), namely the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation,…
…insights on the English reform. In turn, Jérémy Jourdan-Marques (Université Lumière Lyon 2), a member of the working group for the reform of the French arbitration laws, provided his insights…
…highlighted Lithuania’s 2012 arbitration law reform, which fully aligned the legal framework with the 2006 UNCITRAL Model Law. All speakers highlighted the vibrancy of their local arbitration communities, supported…
…to Singapore. He also questioned whether the present consultation process in Singapore including in particular potential reform surrounding a right to appeal on a point of law could get in…
…Spain and Venezuela, which entered into force in 1997 (“Treaty” or “BIT”). A three-member Arbitral Tribunal was appointed. The arbitration was conducted under the UNCITRAL Arbitration Rules (1976), administered by…
…Background of the Reform Process Tasked with assessing potential improvements of French arbitration law and formulating reform proposals, a 17-member working group appointed in November 2024 by the Ministry of…
…grounds. This proposal is similar to Article 34(4) of the UNCITRAL Model Law and to the laws of certain jurisdictions. It aims to prevent annulment and preserve the finality and…
…award is expected to provide an added advantage. This reform is particularly relevant in Nepal, where ad-hoc arbitration is widely practiced, and parties frequently rely on domestic law or ad…
…the UNCITRAL Model Law, the New York Convention, and the ICSID Convention. Notably, the Nigerian government also aims to prevent the use of overly ambitious arbitration agreements in contracts involving…
…Conciliation Act (“CIACA”), codified as Title 9.3 of the Code of Civil Procedure, Cal. Civ. Proc. Code § 1297.11 et seq., to more closely align with the UNCITRAL Model Law….
…the Sorbonne University. The reform of French arbitration law presents an opportunity to reinforce Paris as a leading choice of seat for international arbitration. It is advisable that the measures…
…a tribunal/institution and a court, the court shall decide the issue. Because it leaves in place incentives for a “race to the courthouse,” this half-step reform is unlikely to promote…
…incorporation of the UNCITRAL Model Law (“Model Law“) into South Africa’s arbitral landscape, solidifying the country’s commitment to being recognised as a pro-arbitration jurisdiction. Under the IAA an arbitration is…
…post shall scrutinise the landmark decisions to pinpoint, due to such evolved jurisprudence, whether or not there was a need for reform. Several landmark decisions that have advanced law and…
