…and achieving justice, which is the hallmark of the process. Most institutional arbitration rules, including Rule 17 of the UNCITRAL Arbitration Rules, obligate an arbitrator to “provide a fair and…
…policy defences to enforcement The public policy defence is available under Article 36(1)(b)(ii) of the UNCITRAL Model Law, but no definition as to the scope of this defence is included….
…the UNCITRAL Model Law; cross-border enforcement of interim measures; a comparison between commercial and treaty-based arbitration; strategic management in commencing arbitrations; the future of State courts and arbitration; an interrogation…
…range of concerns. As previously documented on this blog, the governments participating in the UNCITRAL Working Group III – ISDS Reform (WG III) have determined three main reform areas: consistency…
…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
…on an application by the defendant, K & J Townmore Construction Ltd, for an order under Article 8 (1) of the UNCITRAL Model Law referring the parties to arbitration. Mr….
…Ordinance, s. 46; Swiss Private International Law Act, art. 182(3); UAE Federal Law, art. 26; UNCITRAL Model Law, art. 18; HKIAC Rules, art. 13.1; SCC Rules, art. 23(2); UNCITRAL Rules,…
…rules contemplate that if one of the parties to the arbitral proceedings requests a hearing, the tribunal shall provide that party a hearing. Article 24 of the UNCITRAL International Commercial…
…battle in Walter Bau v. Thailand). The issue is rarely if ever mentioned in the recent discussions on investor-state dispute settlement reform, let alone in the intra-EU BIT debate. In…
…The 2018 Investment Code removed the offer to arbitrate pursuant to ICSID Convention, and provided for amicable settlement of the dispute to be conducted under the UNCITRAL Conciliation Rules within…
…Act might be. Enuma U. Moneke, The Quest for Transparency in Investor-State Arbitration: Are the Transparency Rules and the Mauritius Convention Effective Instruments of Reform? In recent years, critics…
…German Code of Civil Procedure (Zivilprozessordnung – ZPO), art 26 para 1 lit a UNCITRAL Model Law, sec 27.2 s 1 DIS Rules 1998, art 28.2 DIS Rules 2018, 25.4…
…be driven through the introduction of internal appellate procedures into arbitration rules, than by reform of national arbitration laws. It will be interesting to see if more of the major…
…process for an international arbitral award delivered in Chile, although these provisions were no longer applicable due to the reform brought by the Investment Law. Likewise, in case number 17230-2019-03159,…
…accordance with the UNCITRAL Model Law on International Commercial Arbitration of 1985…”. After disputes arose, the parties commenced arbitration proceedings which were held in Kuala Lumpur and resulted in an…
…variety of disputes.”11)Ibid. And according to Luo Dongchuan, Vice President of the Supreme People’s Court, China will advance its arbitration system reform and make efforts in building an arbitration friendly…
…dispute settlement reform discussions touched upon corporate restructuring. Although the UNCITRAL Working Group III has not yet addressed the issue of corporate restructuring in great detail, concerns were expressed with…
…of the UNCITRAL Model Law or art. 31 of the ICDR Rules. Such rules are supportive of party autonomy, as they allow parties not only to choose any applicable law,…
…as in e.g. Art. 46 of the UK Arbitration Act, Art. 1051(2) of the German ZPO or Art. 28 the UNCITRAL Model Law. This textual difference has been interpreted as…
…commercial arbitration (and investment arbitration under the UNCITRAL Rules). It is my argument that the ‘manifest lack’ threshold in the ICSID regime should be interpreted in line with the higher…
…business on human rights, and are based on the Arbitration Rules of the United Nations Commission on International Trade Law (the “UNCITRAL Rules”). Like the UNCITRAL Rules, the remit of…
…expressed herein are solely those of the author and do not represent the views of the ICSID or UNCITRAL Secretariats. As many readers of this blog would know, UNCITRAL Working…
…by the parties or contained in an exchange of letters or telegrams. The UNCITRAL Working Group on Arbitration express the purpose of the writing requirement in the following words (at…
…a more systematic reform of both international investment agreements (IIAs) and ISDS? Naturally, we cannot cover the entire debate here. This post focuses on a particularly interesting development in Libya….
