…Pacific Islands, with a number recently adopting the New York Convention and engaging in legislative reform, including Fiji, Palau, Tonga and Papua New Guinea. Australia’s strategic, political, and economic…
…arbitrations, the Arbitration Act has knowingly deviated from the UNCITRAL Model Law, which only intended to apply this provision to domestically seated arbitrations. It appears from Raffles v. Educomp (supra)…
…International Trade Law (UNCITRAL) Model Law is three months. Although Article 34(3) of the Model Law does not appear to confer upon domestic courts discretion to extend this time limit,…
…against Colombia The UNCITRAL Arbitration In the UNCITRAL arbitration proceedings, the Carrizosa brothers requested compensation in the amount of US$ 323 million for the alleged breach of the TPA. The…
…for countries to emulate in their investment treaties and laws, might well help to address legitimacy-based concerns about ISDS. Relatedly, recent years have seen significant ISDS reform efforts, including…
…East – Asia region (see blog coverage here). Moreover, not only commercial arbitration is full of TPF standards. Recent work undertaken by the UNCITRAL Working Group III covers the issue…
…(the Revised Draft) in July 2021, and whether the reform would boost Mainland Chinese cities to become the “future centres of international arbitration”. Mr Eliasson recognised the importance of the…
…Arbitration Act, which entered into force in 2014, is the principal legislation on arbitration in the BVI. The Act is based on the UNCITRAL Model Law and establishes the BVI…
…regulated, traditional fields. Furthermore, the danger of dishonest online jurors calls into question the alleged incorruptible nature of the blockchain technology. UNCITRAL Working Group III Efforts to promote ODR…
…conducted within the ICSID regime and were subject to other arbitration rules (e.g. the UNCITRAL, SCC or ICC rules) and to the mandatory procedural principles of the seat. Non-ICSID tribunals…
…Moreover, both arbitrations were invoked under the India-UK BIT, conducted in accordance with UNCITRAL Arbitration Rules 1976, and administered by the PCA. The Cairn Arbitration was seated in the Netherlands,…
…a designated arbitration commission has been heavily criticized for being inconsistent with the international trend as embodied in the UNCITRAL Model Law (the “Model Law”). (See, e.g., here and here.)…
…fact that the setting-aside provision under the Act is closely modelled on Article 34 of the UNCITRAL Model Law, which uses a clearer title “Application for setting aside as exclusive…
…the UNCITRAL Working Group III on reforms to Investor-State Dispute Settlement (ISDS). Professor Shin noted that the impact of COVID-19 would be more severe in both absolute and relative terms…
Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially…
…UNCITRAL Model Law in 2005 (in its initial 1985 version, without the amendments adopted in 2006); shortening the timeline of post-award proceedings in 2016; implementation of the EU law on…
…UNCITRAL award rendered in 2013. Since the arbitration proceedings, the debate focused on whether the tribunal had ratione materiae jurisdiction over the claimant’s contractual rights, and more specifically whether the…
…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…
