Search Results for: UNCITRAL reform

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Office of the Ombudsman for United Nations Funds and Programmes )/ /Leave a comment

…means to improve investor-state dispute settlement (“ISDS”). In this context, the Convention has served as a catalyst for these initiatives. For example, UNCITRAL Working Group III (“UWG”) noted that in…

AfCFTA, Africa, International Investment Law, International Mediation, Investment Arbitration, Investment law, Investor-State arbitration, investor-State arbitration and mediation, ISDS

(Swiss Chamber of Commercial Mediation)/ /2 Comments

…signaled a new level of integration with regard to the regulation of foreign investments in Africa.1)Makane Mbengue, Special issue: Africa and the reform of the international investment regime – an…

International Mediation, Investment Treaties, investor-State arbitration and mediation

, , (Centre for International Law)/ /Leave a comment

…ongoing update of the UNCITRAL 1980 Conciliation Rules into the UNCITRAL Mediation Rules, both of which may be used for ISDS mediation. Support will also increase with the growth in…

International arbitration, International Investment Arbitration, International Mediation, investor-State arbitration and mediation

(Centre for International Law)/ /Leave a comment

…discussions as part of the broader debate on investor-state dispute settlement (‘ISDS’) reform. This post addresses the current state of the UNCITRAL discussions on mediation (I) and outlines the proposed…

International arbitration, International dispute resolution, International Mediation, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Australian National University)/ /1 Comment

…investor-State mediation has strengths relative to arbitration, any reform must carefully integrate mediation with existing processes and reform efforts.1)This post builds on: Esmé Shirlow, ‘The Promises and Pitfalls of Investor-State…

Enforceability, International Mediation, investor-State arbitration and mediation, Singapore Convention on Mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

…an undue cause for worry. As seen from the travaux préparatoires, the inclusion of Article 8 should be viewed positively as the UNCITRAL Working Group II noted that government entities…

International Investment Arbitration, International Mediation, Investment Arbitration, Investment Disputes, Investment Treaties, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Australian National University)/ /1 Comment

…investor-State disputes. Both the UNCITRAL and ICSID reform processes, in particular, have emphasised the possible utility of developing mediation as an alternative investor-State dispute settlement method. UNCITRAL’s Working Group III…

International arbitration, kompetenz-kompetenz, Lithuania, National Courts, National Treatment, Seat of the arbitration

(Ellex Valiunas ) and (TGS Baltic)/ /Leave a comment

…Awards (the “New York Convention”) was ratified as well. Finally, the Lithuanian Law on Commercial Arbitration (“Law on Commercial Arbitration“), based on the 1985 UNCITRAL Model Law, was adopted in…

Arbitration, Arbitration Institutions and Rules, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Greenberg Traurig, LLP)/ /Leave a comment

…under consideration by the UNCITRAL Working Group II (“WG II”) the express consent of the parties is the only triggering factor (draft provision 1), the WG II discusses if and…

Arbitration, Arbitration Institutions and Rules, Early Determination, Early Dismissal, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(University of Oslo)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Introducing a regulation of early determination in the context of expedited proceedings, highlights a series conflicting interests. Therefore, the UNCITRAL Working Group II on dispute resolution has not yet taken…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

, (Chaffetz Lindsey LLP)/ /Leave a comment

UNCITRAL’s Working Group II (“WGII”) resumes next week its work on drafting expedited arbitration provisions (“EAPs”) for use with the UNCITRAL Arbitration Rules (“UARs”). One of the key “aims” underlying…

Arbitration, Arbitration Institutions and Rules, Due process, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(New York International Arbitration Center)/ /Leave a comment

60 member states and several more non-governmental organizations (NGOs) will soon gather (in person in Vienna and virtually) to commence the 72nd Session of UNCITRAL Working Group II (WGII). The…

Arbitration, Arbitration Institutions and Rules, Consent, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Stockholm University)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

…to arbitrate under the UNCITRAL Arbitration Rules (UARs) would offer the option of a streamlined process. However, the ad hoc nature of the UNCITRAL Rules poses a challenge to introducing…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, ICSID, Investment Disputes, ISDS, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Stockholm University)/ /Leave a comment

…parties.1)For a detailed discussion on the intersection between the UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules and the future UNCITRAL Expedited Rules, see UNCITRAL A/CN.9/WG.II/WP.214, p. 9. At the same time,…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL WG II Series, Working Group II

(Mihaela Maravela Law Office)/ /Leave a comment

…of the UNCITRAL WG III on ISDS reform), as the work would be timely and reflect the needs of the businesses for streamlined dispute resolution mechanisms. The Commission agreed and…

International Investment Arbitration, Investment Arbitration, Investment Treaties, ISDS, ISDS Reform, Mediation

(Waseda University), (University of Sydney & Williams Trade Law), and (University of Sydney)/ /Leave a comment

…investor-state mediation. UNCITRAL Working Group III is discussing mediation in the context of ISDS reform and so is the Academic Forum on ISDS (see, for example, a March 2020 paper…

foreign direct investment, Investment, Investment agreements, Investment Treaties, Japan, VCLT, WTO

(Nagoya University)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

…reform causes a chilling effect on inward foreign investment, the 2019 FEFTA amendment also introduces a system for exemption from the requirement of prior notification under certain conditions. It is…

Annulment, Enforcement, Indonesia, Interim measures, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law

(Asian International Arbitration Centre) and (KarimSyah Law Firm)/ /Leave a comment
Asian International Arbitration Centre (AIAC)

…an arbitration law is one factor to consider – which could explain how 3 out of top 5 seats of arbitration in the world have adopted the UNCITRAL Model Law…

EU-Mexico, International arbitration, Pre-Selected Tribunal Pool, Transnational Investment Law

, (Reed Smith)/ /2 Comments

…Thirty-eighth session, the UNCITRAL Working Group IIII provided a possible reform adding appellate and multilateral court mechanisms. Commentators analyzing the strengths and weaknesses of the proposed appeal reform by UNCITRAL…