…Dodd-Frank Wall Street Reform and Consumer Protection Act prohibited enforcement of the parties’ arbitration agreement. The district court denied Carrington’s motion to compel arbitration, accepting Attix’s assertion that the Dodd-Frank…
…the UNCITRAL Rules, to determine that it had jurisdiction to decide the request for disqualification. Both NAFTA and the UNCITRAL Rules grant arbitral tribunals broad discretion to conduct the proceedings…
…Sources of Law in Serbia Allow for Third-Party Funding Arrangements? UNCITRAL defines third-party funding as: “an agreement by an entity (the “third-party funder”) that is not a party to a…
Negotiations towards a modernized Energy Charter Treaty (ECT, Treaty) ended on 24 June 2022, with the States Parties reaching an agreement in principle following discussions towards reform that began in…
…International Trade Law (“UNCITRAL”) held in New York which, among other topics, focused on the recent fourth draft of the joint ICSID-UNCITRAL Code of Conduct for Adjudicators in International Investment…
…modernization reform, depending on language and interpretative rules used. In ISDS practice, notions of economic harm are impacted by evolving understandings of the environmental and climate interplay, and laws regarding…
…current work of the UNCITRAL Working Group III on this topic and pointed out that the multilateral investment court is a response to the perceived shortcomings of the judicial systems…
…notion of regulatory stability demands the tribunal to conduct a balancing test on the merits of the regulatory reform to determine the fairness and reasonableness of the measure under review…
…Court of Arbitration under the UNCITRAL Arbitration Rules. The Claimants argued that this proceeding was distinct from the previous proceedings, as they brought claims related to Chile’s lack of compliance…
…just another desperate attempt at reform of a failing regime? This post offers an overview of the main points of discussion on whether amicus curiae provide a viable solution to…
From 28 March to 1 April 2022, Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) held a Colloquium to explore legal issues related to dispute…
…rules) and take into account changes (postdating the rules’ last amendment, in 2000) to the UNCITRAL Model Law and Canadian arbitration legislation, all while preserving well-tested elements of the international…
…10 of the contract also refers to Nauru’s duty not to expropriate NORI’s assets. Finally, this sponsorship agreement selects arbitration in accordance with the UNCITRAL Arbitration Rules for the settlement…
…Oro decision is not the only recent award that dulls the effect of new-generation IIAs. As I discuss in my book, Investment Arbitration and State-Driven Reform: New Treaties Old Outcomes,…
…close to heart as we continue to move down the road of improvement and reform. The social, econonomic and political shockwaves we have witnessed over the past few years have…
…stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt to develop universal rules of…
…national or nationals that have been rejected.” (para.182). After this initial ruling, in 2009, CANACAR (Cámara Nacional del Autotransporte de Carga) brought an UNCITRAL investor-State arbitration under NAFTA Chapter 11…
…the agreement. Moreover, in the fourteenth negotiation round, a major success for transparency was achieved by reaching consensus to have the UNCITRAL Rules on Transparency in Treaty-based Investor-State arbitration applied…
…A New ‘UNCITRAL Model Law on International Commercial Adjudication’: How Beneficial Could It Really Be? The United Nations Commission on International Trade Law (UNCITRAL) has promoted Alternative Dispute Resolution (ADR)…
…Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. In addition to these grounds, several others, outside the two instruments mentioned above, have been identified in the…
…an arbitration under the AMINZ rules, and having a New Zealand seat generally? The Arbitration Act is a modern statute, incorporating the UNCITRAL Model Law, and New Zealand could be…
…split among the Circuit Courts over whether private arbitral tribunals fell within the phrase “foreign or international tribunal” in Section 1782. The second case concerned an ad hoc UNCITRAL arbitration…
…cases, holding that neither the DIS tribunal in ZF Automotive, nor the ad hoc BIT tribunal under the UNCITRAL arbitration rules in AlixPartners falls within the scope of §1782. To…
…the UNCITRAL Model Law on International Commercial Arbitration. Several other grounds, outside the two instruments mentioned above have been identified in the Database. This type of empirical research is routinely…
