…against a UNCITRAL award directing the Thai government to clear its debts owed to the said investor. In other news, Cairn in an attempt to seize other Indian assets, has…
…globe that have sprung like mushrooms after the rain. One of such related cases is Luxtona Limited v. The Russian Federation, a PCA-administered, Toronto-seated UNCITRAL arbitration brought by a former…
…the discussions taking place in UNCITRAL and ICSID vis-à-vis such reform options. The EU, for example, has indicated that its “ultimate goal is to make a future multilateral investment court…
…reform of procedural legislation was carried out (hereafter referred to as the ‘Reform’). The Reform introduced several pro-arbitration measures. Among these, the Reform sought to better facilitate the capacity of…
…critiques and proposals for reform. Darius Chan & Sidharrth Rajagopal, To Stay or Not to Stay? A Clash of Arbitration and Insolvency Regimes In the wake of the global…
…and the UNCITRAL Working Group III discussions on ISDS reform. The working group that drafted the new Vienna Investment Rules was chaired by Claudia Annacker and consisted of representatives of…
…Article 34(2)(a)(i) of the UNCITRAL Model Law. The Convention’s abandonment of these protections is a radical and dangerous departure from existing law. Mr. Ribeiro attempts to conceal the extent of…
…middle road for ISDS reform, forthcoming in Michigan Journal of International Law (2022). Judges are not the general public, and so a study of public sentiment at large is even…
…we know that, in accordance with the UNCITRAL Model Law on International Commercial Arbitration, judicial assistance and supervision of the arbitral process is a cornerstone of the system. How the…
…UNCITRAL Arbitration Rules and appointing authority as provided therein (absent a different selection through party agreement or impracticability). We note that the Equal Representation in Arbitration (ERA) Pledge just…
…to directly apply “the law or rules of law which it determines to be appropriate”. This adopts the approach in Article 35(1) of UNCITRAL Arbitration Rules which is also the…
…career, he served on the Australian Law Reform Commission, where, from 1982 to 1984, he did pathbreaking work on aboriginal customary law and laid the groundwork for Australia’s Foreign State…
…UNCITRAL’s deliberations and consensus-based decision making process, the transition to a virtual or hybrid discussion format was not simple. The completion of the project—among the first set of UNCITRAL texts…
…adopted the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”). For an arbitration seated in Hong Kong, both the Hong Kong court and the tribunal/emergency arbitrator have the…
…section 1032(2) of the German Code of Civil Procedure. The provision, which is not enshrined in the UNCITRAL Model Law, aims at increasing the efficiency of proceedings. It allows German…
…arbitration forums. Traditionally, Hong Kong’s BITs have referred to settlement of disputes using only the UNCITRAL Arbitration Rules. For example, the Hong Kong-Japan BIT provides that after a period of…
…rules Arbitration rules confer broad discretion to decide issues of admissibility. As a starting point, UNCITRAL Model Law Article 19(2) states that ‘the power conferred upon the arbitral tribunal includes…
…maintains that across (i) ECT reforms, (ii) the European Parliament draft report on responsible private funding of litigation, and (iii) UNCITRAL Working Group III meetings, the prevailing stance adopted by…
…the Reform of International Arbitration in Japan has been reviewing Japan’s Arbitration Act. In March 2021, they released the interim draft proposals, which include proposed revisions on the enforcement of…
…of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions of the Investment Chapter of…
…outer space actors have nevertheless been conducted under ICC, LCIA, UNCITRAL, and ICSID rules. By way of illustration, cases such as Deutsche Telekom v. India, Eutelsat v. Mexico and Devas…
…did it involve the payment of damages. The UNCITRAL Model Law and the UNCITRAL Rules recognize the competence of courts to issue interim measures in relation to arbitral proceedings, without…
…detailed rules for cases in which VIAC is requested to act as appointing or administering authority in ad hoc proceedings (such as the UNCITRAL Arbitration Rules). A new Annex 6…
…regarding issues governed by this Agreement…”. The tribunal recalled the absence of admissibility rules for counterclaims under the UNCITRAL Rules and followed the two-step approach in Saluka, to confirm that…
