…from Article 7 of the UNCITRAL Model Law and Article 2 of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) to hold…
…awards rendered pursuant to the Rules and administered by the Centre, and helps to ensure their global enforceability. B. Increased Efficiency Through the comprehensive reform of the Rules, several…
…hosted by the Thailand Arbitration Center (THAC), featured two main sessions – one entitled “Investor-State Dispute Settlement (ISDS) Reform: Addressing Challenges and Ensuring Fairness” and another called “Intellectual Property and…
…Partners) explained that in April 2023, the Japanese Diet approved amendments to the Japanese Arbitration Act for the first time in two decades to follow the 2006 UNCITRAL Model Law…
…ICA Law, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006 (the “Model Law”), is a substantial change to the…
…Case No. 2016-39), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). A decision on interpretation and correction of the award followed on 6…
…Where such provisions exist, the tribunal will be bound to apply them. Practical Considerations for Arbitration Users As well as shining a light on broader areas for reform, the…
…of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters. The UNCITRAL Guide on the Convention on the Recognition and Enforcement…
…recap a couple of legislative and policy initiatives. This notably concerns initiatives taken by the EU in furtherance of its investment policy and initiatives by several states to reform their…
…Law (UNCITRAL) Working Group III is actively engaged in reforming the ISDS regime to address perceived shortcomings in areas like transparency and the balance between investor protection and the state’s…
…reassure both local and foreign investors. The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer…
…substantive reform of ISDS or additional/alternative considerations for the reform. For instance, commentators, inspired by ongoing procedural reform discussions, explored potential approaches to substantive reform of ISDS. As reported by…
…on-going negotiations of the EU in the Working Group III of UNCITRAL on ISDS Reform. Applicable Law and Rules of Interpretation The Model Clauses propose that tribunals interpret a BIT…
…why courts would cite to other courts in the context of international law fragmentation. Precedent is particularly important in ISDS practice because its ongoing reform is a focus of the…
…the case with the 2006 UNCITRAL Model Law. Specific Privileges for Institutional Arbitration Unlike the 2006 UNCITRAL Model Law (UNCITRAL Model Law, Arts. 13.3, 14.1), the Law by default…
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have…
…an investor-friendly environment. In 2023 alone, this included reforms in national legislation, international instruments, and institutional rules. On the national legislation front, the flagship reform is the enactment in June…
…speech made by Sir Geoffrey Vos to the Bar Council of England & Wales in July 2023 at the Lincoln’s Inn Annual Law Reform Lecture, Sir Geoffrey proposed three guiding…
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions…
…enabling them to bring counterclaims (see Hesham T. M. Al-Warraq v Republic of Indonesia, UNCITRAL, Final Award (15 December 2014), para. 667). Moreover, the risk of counterclaims may compel investors…
…In 2015, an instrument prepared under the auspices of the African Union and labeled the “Pan-African Investment Code” reflected many of the above features to reform international investment law within…
…a landmark shift. This legislative overhaul introduces innovative provisions and adopts the 2006 and 2010 amendments to the UNCITRAL Model Law on International Commercial Arbitration Framework into Nigeria’s arbitration legislation….
…Circuit Court, as has a decision refusing to enforce an UNCITRAL decision against Spain on the basis that no valid arbitration agreement existed between Spain and the EU investors as…
…and based on the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“UNCITRAL Model Law”), expressly recognizes the powers of both the arbitrator (See Article 1479 MAA) and the…
