…to the UNCITRAL Arbitration Rules, which provide for a different appointment mechanism to the LMAA Terms. The Defendant failed to engage substantively with the Claimant’s Reference to Arbitration and subsequent…
…V (2) b) of the New York Convention and Article 36 (1) b) ii) of the UNCITRAL Model Law. While legal theory differentiates between domestic public policy, embodying the fundamental…
…must directly intervene in ISDS. These concerns are being addressed in the ISDS reform process at the UNCITRAL Working Group III as well as in EU Law trade agreements. According…
…through Administrative Resolutions 09/2014 and later 15/2016. In 2015, Brazil had already gone through a major reform in its Arbitration Act and one of the main changes was to explicitly…
…itself is easy to understand; there is no other method of proving a conclusive arbitral agreement. The UNCITRAL Model Law also does not require a specific reference to the arbitration…
…Rules; the UNCITRAL Arbitration Rules; or, any other arbitral institution or arbitration rules that the claimant and respondent agree on (Article 9.19.4). The arbitration must be commenced within three years…
…making oral arguments in initial and appeal proceedings. Further, UNCITRAL’s Working Group III has acknowledged that several actors who have direct interests in investor-State disputes should be included through joinder…
…against a UNCITRAL award directing the Thai government to clear its debts owed to the said investor. In other news, Cairn in an attempt to seize other Indian assets, has…
…globe that have sprung like mushrooms after the rain. One of such related cases is Luxtona Limited v. The Russian Federation, a PCA-administered, Toronto-seated UNCITRAL arbitration brought by a former…
…the discussions taking place in UNCITRAL and ICSID vis-à-vis such reform options. The EU, for example, has indicated that its “ultimate goal is to make a future multilateral investment court…
…reform of procedural legislation was carried out (hereafter referred to as the ‘Reform’). The Reform introduced several pro-arbitration measures. Among these, the Reform sought to better facilitate the capacity of…
…critiques and proposals for reform. Darius Chan & Sidharrth Rajagopal, To Stay or Not to Stay? A Clash of Arbitration and Insolvency Regimes In the wake of the global…
…and the UNCITRAL Working Group III discussions on ISDS reform. The working group that drafted the new Vienna Investment Rules was chaired by Claudia Annacker and consisted of representatives of…
…Article 34(2)(a)(i) of the UNCITRAL Model Law. The Convention’s abandonment of these protections is a radical and dangerous departure from existing law. Mr. Ribeiro attempts to conceal the extent of…
…middle road for ISDS reform, forthcoming in Michigan Journal of International Law (2022). Judges are not the general public, and so a study of public sentiment at large is even…
…we know that, in accordance with the UNCITRAL Model Law on International Commercial Arbitration, judicial assistance and supervision of the arbitral process is a cornerstone of the system. How the…
…UNCITRAL Arbitration Rules and appointing authority as provided therein (absent a different selection through party agreement or impracticability). We note that the Equal Representation in Arbitration (ERA) Pledge just…
…to directly apply “the law or rules of law which it determines to be appropriate”. This adopts the approach in Article 35(1) of UNCITRAL Arbitration Rules which is also the…
…career, he served on the Australian Law Reform Commission, where, from 1982 to 1984, he did pathbreaking work on aboriginal customary law and laid the groundwork for Australia’s Foreign State…
…UNCITRAL’s deliberations and consensus-based decision making process, the transition to a virtual or hybrid discussion format was not simple. The completion of the project—among the first set of UNCITRAL texts…
…adopted the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”). For an arbitration seated in Hong Kong, both the Hong Kong court and the tribunal/emergency arbitrator have the…
…section 1032(2) of the German Code of Civil Procedure. The provision, which is not enshrined in the UNCITRAL Model Law, aims at increasing the efficiency of proceedings. It allows German…
…arbitration forums. Traditionally, Hong Kong’s BITs have referred to settlement of disputes using only the UNCITRAL Arbitration Rules. For example, the Hong Kong-Japan BIT provides that after a period of…
…rules Arbitration rules confer broad discretion to decide issues of admissibility. As a starting point, UNCITRAL Model Law Article 19(2) states that ‘the power conferred upon the arbitral tribunal includes…
