Search Results for: UNCITRAL reform

2020 In Review, Arbitrability, Arbitration institution, Armenia, China, COVID-19, Document Production, Enforcement, Free Trade Zones, Georgia, HK Arbitration Week, Hong Kong, Interim measures, Japan, Macau, South Korea, Virtual hearings

, and (Peter & Kim)/ /Leave a comment

…international practice and has sparked discussions on legal reform regarding the treatment of arbitrations in PR China administered by foreign arbitral institutions. While uncertainty remains regarding judicial practice in PR…

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

…intersection of investment and human rights, and the future trajectory of ISDS. First, as we have previously written, ongoing ISDS reform efforts offer a crucial opportunity to revisit the role…

Arbitration Industry, Arbitrator Intelligence, Careers in Arbitration, ICCA, Interviews with Our Editors, Podcast, sociology of international arbitration, Technology

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Director Content and Market Development, Wolters Kluwer Legal & Regulatory, International Group)/ /Leave a comment

…and Philip Morris v. Australia8)Philip Morris Asia Limited v. The Commonwealth of Australia, UNCITRAL, PCA Case No. 2012-12, Procedural Order No. 8, n. 109 (in citing party submissions, which referred…

Africa, Diversity, ICC, Interviews with Our Editors, ISDS Reform, Working Group III

(University of Oxford)/ /Leave a comment

…involved with, you are currently an observer in the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform. From your perspective, how are African states approaching ISDS reform? As can…

Arbitration institution, International tribunals, Investment Arbitration, Investment Disputes, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management, UNCITRAL, Working Group III

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

…first-ever United Nations Commission on International Trade Law (‘UNCITRAL’) Working Group III (‘WGIII’) Pre-Intersessional Meeting. The virtual event, with the theme “The Use of Mediation in ISDS”, was successfully held…

COVID-19, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland, Virtual hearings

(CMS von Erlach Poncet Ltd.) and (Higher Regional Court of Frankfurt )/ /Leave a comment

…discretion to arbitral tribunals in shaping the proceedings.3)Liatowitsch, Schiedsgerichtsbarkeit: 12. Kapitel IPRG und das UNCITRAL Model Law on International Commercial Arbitration, in Bonomi/Ritaine (eds.), La loi fédérale de droit international…

Arbitration Institutions and Rules, Commercial Arbitration, COVID-19, Interview of our editors, Interviews with Our Editors, Latin America, Mexico

(Herbert Smith Freehills) and (Locke Lord LLP)/ /Leave a comment

…In the last few years, due to Mexico’s energy reform of 2013, there have been new types of controversies related to electricity and the oil and gas industry.   What…

Environment, Morocco, Virtual hearings, Webinar

(Concepción Global, PLLC, Universidad Complutense de Madrid), (Université Paris 1 Panthéon-Sorbonne), (Afrique Advisors Correspondent of Mayer Brown), and (University Cadi Ayyad)/ /Leave a comment

…not a reactive attitude, referencing to UNCTAD’s 2020 International Investment Agreement Reform Accelerator, whereby Morocco is mentioned extensively in the inclusion of environmental provisions. The interactive nature of the CAD…

2020 In Review, Code of Conduct, ISDS Reform, Singapore Convention on Mediation, UNCITRAL WG III Series

(Australian National University) and (Durham Law School)/ /1 Comment

…look back at our coverage of the work of UNCITRAL Working Group III (“WGIII”) on investor-State arbitration reform, especially in light of the 2021 reform agenda. Recognizing a paradigm shift,…

Arbitration, Brexit, EU-UK dispute settlement, European Union, Investment Arbitration, State-State Dispute Settlement, State-to-state arbitration

, , (Linklaters LLP) and (Linklaters)/ /1 Comment

…towards modernised investment protection standards and a dispute settlement that takes into account the work undertaken in the context of UNCITRAL on a Multilateral Investment Court”. According to the European…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

…the recent decision of an UNCITRAL tribunal in The Estate of Julio Miguel Orlandini-Agreda and another v Bolivia (PCA Case No. 2018-39) to refuse a request for suspension of proceedings…

Annulment, Appeal, Chile, Latin America, Party autonomy

, , (Cuatrecasas)/ /Leave a comment

…Law, international arbitration is regulated by Law 19.971 (the “Ley de Arbitraje Comercial Internacional” or “LACI”). The LACI is inspired in the 1985 UNCITRAL Model Law on International Commercial Arbitration….

Arbitration institution, Arbitration Institutions and Rules, ICC, ICC Arbitration, ICC Guidance Note, ICC Rules, Third party funding

, , (Nivalion AG)/ /Leave a comment

…the regulatory spotlight for both commercial arbitration and Investor-State Dispute Settlement (ISDS) (e.g. ICSID Rules reform), some stakeholders (notably states) are calling for more comprehensive disclosure obligations, including disclosure of…

2020 In Review, Arbitration institution, Arbitration Institutions and Rules, BIT, Institutional Rules, Investment Arbitration

(The Australian National University)/ /Leave a comment

…the “decades-old practice of investor-state arbitration”. The India-Brazil BIT is by no means an isolated development: the trend internationally has been one of review and reform, with UNCITRAL’s Working Group…

2020 In Review, Europe, ICC Rules, Investment Arbitration, LCIA Rules, Legislation, Ordre Public, Right to be heard, Yukos

(Brunel University London) and / /Leave a comment

…UNCITRAL in the area of arbitration as well as the French Code of Civil Procedure. The aim, unsurprisingly, is to modernise the country’s arbitration law. The ball is now in…

ISDS Reform, Washington Arbitration Week

(Concepción Global, PLLC, Universidad Complutense de Madrid) and , / /Leave a comment

…other aspects of the reform, such as the possible Multilateral Investment Court (“MIC”), continue to draw divided views.   The “Multilateral Investment Reform Agreement” ISDS Reform “A la Carte” Ms….

Independence and Impartiality, Madrid International Arbitration Center Rules, Spain, Spanish Arbitration Law

(BMA Abogados) and / /Leave a comment

…impartiality or independence.’ The connection between the UNCITRAL Rules and UN/ECE Rules of 1963 is documented, amongst other places, in paragraph 85 of the Report of the UNCITRAL on the…