…From the looks of it, international arbitration is poised to be California’s next starring role. An UNCITRAL Model Law Jurisdiction that Protects Parties Many attribute California’s delay in becoming a…
…domestic and international arbitration cases was in the construction, engineering and infrastructure industries, accounting for almost 50% of all reported arbitrations. The ICC, SIAC, and UNCITRAL arbitration rules were the…
…and the Member States will not change their quest to significantly modify or even completely eradicate ISDS arbitration. That quest is already ongoing at the UNCITRAL Working Group III on…
…modernisation and reform continues through UNCITRAL Working Group III, where the discussion has now turned to establishment of a standing first instance and appellate multilateral investment court, with full-time judges,…
…is probably mixed. 4) Procedural Issues in the Reform Process As we have written earlier, there have been three notable ISDS reform efforts: (i) UNCITRAL Working Group III, (ii) the…
…requires only invocation by arbitral tribunals. Reforming IIAs to Resolve the Conflict with Climate Law Reform of the framework of international investment law and treaty arbitration is underway –…
…perspective shift culminates in a reform debate, generally, and more specifically in a discussion of reinterpreting current IIAs and arbitration rules, on the one hand, and the long-term mission of…
…of the VCLT to investment treaties and in reform work in, for example, the UNCITRAL Working Group III and the Energy Charter Conference. Yet, despite the extensive discussions and reform…
…detail by a follow-up post), before focusing on interim measures. An Overview of the Upcoming Reform The reform seeks to increase guarantees of impartiality and independence for arbitrators by (i)…
The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete…
…Article 12.3 of the 2021 TIAC Rules. Conclusion In addition to the aforementioned initiatives in the technology sector, Uzbekistan’s recent recognition by the UNCITRAL as a model law jurisdiction, its…
…Department of the PRC, Mr. Peng Chenlei, Vice Mayor of Shanghai Municipal People’s Government, Ms. Anna Joubin-Bret, Secretary-General of UNCITRAL, and Ms. Lucy Reed, President of ICCA presented welcoming speeches…
…traditionally selected as arbitration friendly to host international arbitration cases. The Bulgarian International Commercial Arbitration Act (ICAA) is based on UNCITRAL Model Law. As discussed in previous posts on Kluwer…
…on points of law; the law concerning confidentiality and privacy in arbitration proceedings; and the electronic service of documents, electronic arbitration awards, and virtual hearings. The ISDS reform under the…
…KCAB INTERNATIONAL moderated a panel of practitioners, academics, and experts who discussed the current efforts to reform ISDS mechanisms. The panel discussed both UNCITRAL and ICSID’s responses to recent criticisms…
…have been defined as the “Energy Counter Reform,” and where the central topic of the Tenth Investment Arbitration Forum that we covered here and here. During the event, several experts…
…as regards the enforceability of such decisions rendered by an emergency arbitrator. We are of course closely observing UNCITRAL’s Working Group II which aims to improve the efficiency of arbitral…
…on 3 March 2021.1)The words “Mālō e lelei” in the headline are a common greeting in Tongan, usually translated as “Hello”. The Act is modelled on the UNCITRAL Model Law…
…International Commercial Arbitration Law in 2018, which adopted the UNCITRAL Model Law with minor changes. Ms. Inés Corrá discussed three Argentinian Supreme Court decisions that, in her view, demonstrate the…
…in Germany, Mr. Gusy concurred that civil law jurisdictions may approach the rule of functus officio on a more issue-by-issue level, drawing comparisons to the UNCITRAL Model Law which provides…
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an…
…under the CCP – comparable to the ones of the law on international arbitration (law 2735/1999) based on the 1985 UNCITRAL model law. Evidently, if this enumeration of criteria were…
…arbitration proceedings more efficient, ASA has collaborated with UNCITRAL on the Toolbox project. The Toolbox now features on the UNCITRAL website as an additional resource to the UNCITRAL Notes on…
…determines that in the negotiations of the dispute settlement mechanism, parties will take into account progress on “structural reform of investment dispute settlement” in the context of the UNCITRAL. What…
