…must be determined by reference to the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration; A requirement that investors pay all deposits during proceedings; An express reference to the possibility…
British Columbia (“BC”) was the first Canadian jurisdiction to introduce modern arbitration legislation based on international standards in the UNCITRAL Model Law in 1986. Despite being an early leader in…
…UNCITRAL Secretariat found that “for a vast majority of States, the New York Convention was considered as ‘self executing.” Id. at 169. Therefore, while U.S. jurisprudence is controlling on whether…
…characteristic of arbitration practice. Article 11 of the UNCITRAL Model Law provides a default solution where parties have not agreed how to constitute the tribunal. Several jurisdictions including Ethiopia, Kenya,…
…proposals for reform without endorsing either one. Both proposals relied heavily on disclosure of the funding to the clients as the main regulatory mechanism but differed on whether client consent…
…how policy developments in both areas can impact each other despite each regime having its specific reform priorities. This also emphasizes the increasing need for a dialogue between tax and…
…is a widely recognised approach also reflected in such major international instruments as the Inter-American Convention (Article 4), the European Convention (Article 58), UNCITRAL Model Law (Articles 34 and 36),…
…“the proper course of action would be to apply to the Arbitrator in the first instance, before knocking on the doors of the court.” Possible Reform: An Appeal Mechanism…
The discussion within UNCITRAL Working Group III (WG III) on counterclaims has still remained, to a certain extent, deadlocked, as opposed to discussions on other topics under the table. As…
…second look doctrine, first espoused by the U.S. Supreme Court in Mitsubishi v Soler in 1985, and the doctrine of conditional arbitrability introduced in the 2015 reform of Russian arbitration…
…Prof. Dr. Guillermo Estrada Adán of the Instituto de Investigaciones Jurídicas, UNAM. The topic of this year’s forum was “The Second Mexican Energy Reform” or energy counter-reform and the impact…
…Prof. Dr. Guillermo Estrada Adán of the Instituto de Investigaciones Jurídicas, UNAM. The topic of this year’s forum was “The Second Mexican Energy Reform” and the impact of the multiple…
…variety of commercial and other disputes involving IOs, whether under the PCA rules or the UNCITRAL rules. Mr Doe shared his views on the following distinguishing features of IOs as…
…Doyle noted, the extent to which a domestic court may intervene in an arbitration is provided for by the relevant institutional rules. For arbitrations brought under the UNCITRAL Model Law,…
…absence of privacy or confidentiality provisions in the UNCITRAL Model Law, other jurisdictions have also sought to regulate these issues through national legislation, such as in Malaysia, Brazil, the Philippines…
…a Multilateral Investment Court currently discussed at UNCITRAL), as well as extending and improving the “Solvit” mediation mechanism (on the latter, see Commissioner Mairead McGuinness’ EuroCommerce Policy Talk on “Finance…
…work typically with government officials, the judiciary, lawyers, and business groups. For example, we have worked with UNCITRAL’s Regional Centre for Asia and the Pacific in outreach to micro, small,…
…Morales pithily, if inaccurately, summarized hostility to investment arbitration, “transnational corporations always win investment arbitrations,”1) See, e.g., European Parliament, Multilateral Investment Court. Overview of the reform proposals and prospects; Gary…
…in some countries that have a longer track-record of arbitration, for instance, the English Arbitration Act and Singapore International Arbitration Act, as well as by the UNCITRAL, in particular the…
…consistent with the goal of the Macau Special Administrative Region (SAR) government to promote Macau as a preferred Lusophone arbitration seat. Based on the UNCITRAL Model Law, the 2019 Law…
…rules such as those promulgated by the ICC, ICDR, SIAC, LCIA, UNCITRAL, and HKIAC, with a view to assisting businesses in enhancing their human rights practices. This post will shed…
…order to have an enhanced arbitration-friendly environment to resolve complex IPR disputes more efficiently and effectively. Until such a reform is achieved, parties should take into account whether the applicable…
…appropriate threshold, as disputes of lower values are not necessarily less complex. An alternative could be to establish more flexible criteria. UNCITRAL circumvented these problems by making expedited proceedings opt-in,…
…with international best practices, Dr Khatchadourian (successfully) advocated the need to adopt the UNCITRAL Arbitration Rules to bring QICCA at par with other leading institutions in the world. During 2020…
