…settlement (ISDS) system under the auspices of UNCITRAL Working Group III (ISDS Reform). One of the proposed reform options is the Draft Code of Conduct for ISDS Adjudicators, which was…
…Japan has also tabled a proposal at UNCITRAL for a Multilateral Investment Reform Agreement (“MIRA”) – a menu of reform solutions that states can opt into “a la carte”. Japan…
…of its application. In international practice, for example, Article 34 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law) holds an exhaustive list of grounds for setting…
…and legislature continued taking significant measures to reform the domestic and international arbitration landscape in India. While important judgments were delivered by courts across India, institutional arbitration continued making inroads…
…or UNCITRAL Model Law (Article 25, which reflects a broad consensus on the issues of defaulting parties). Mr. Gabriel made reference to the song “The Show Must Go On” (Queen)…
…generation for resolving space disputes. Overview of the PCA Outer Space Rules The PCA Outer Space Rules are based on the 2010 UNCITRAL Arbitration Rules (“UNCITRAL Rules”), which are…
…UNCITRAL’s recommendation regarding the interpretation of Article VII(1) of the NYC, which provides for an all-embracing protection of the various different rights that a party to an arbitration agreement may…
…(UNCITRAL). This discussion started in 2017, when the UNCITRAL Working Group III began its work on ISDS reform. Among the proposals submitted by member States and other stakeholders, two systemic…
…the Vienna International Arbitral Centre (VIAC), however, decided against the introduction of rules for emergency arbitration. Even though the DIS reform commission thoroughly discussed the inclusion of emergency provisions in…
…case figures should not overshadow that African States and investors also seek recourse before other fora, such as PCA or ad hoc arbitration under UNCITRAL Rules (for examples of cases…
…These were the forerunners to the UNCITRAL Arbitration Rules 1976. In 1966 through the influence of the World Bank, the Washington Convention on the Settlement of Investment Disputes between States…
…stay the ongoing arbitration for a reasonable period of time, for instance, 60-90 days. Last but certainly not least, the NBIA has adopted the 1997 UNCITRAL Model Law on Cross-Border…
…however, following the publication late last year of a compelling Consultation Paper by the Outcome Related Fee Structures for Arbitration Sub-committee of the Law Reform Commission of Hong Kong (the…
…remain in line with the French courts’ approach towards international arbitration which, ten years after the last reform of French arbitration law, remains liberal despite the strengthening of their intervention….
…as the Government Procurement Agreement (the GPA), UNCITRAL Model Law, and EU Procurement Directives provide for some level of judicial review, but make no express reference to arbitration. Instead, generic…
…Ghenia case where an Award rendered under the UNCITRAL Arbitration Rules and dated 9 December 2016 was retracted by the arbitral tribunal following similar corruption allegations. The absence of evidence…
…UNCITRAL Model Law, they also lack specific provisions or exclusions on arbitrators’ liability. In Brazil, arbitrators are subject to criminal liability under the strict standard for judges requiring, for example,…
…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…
…based on the UNCITRAL Model Law).3) The text of the remaining two articles is nearly identical to the cited section of the NY Convention. The Court found that the challenge…
…the specific representations provided to an investor by a host state form the strongest basis for the creation of legitimate expectations.1)White Industries v. India, UNCITRAL, Final Award (30 November 2011)…
…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…
…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…
…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…
…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…
