…is no uniform approach to these questions. Baltag also touched upon the ongoing ECT modernisation and the solutions currently discussed in the UNCITRAL Working Group III, which had discussed the…
…previous coverage, see here) (unofficial English translation here). Based on the 2006 UNCITRAL Model Law (“Model Law”), the law brings “something new” that goes beyond the Model Law provisions. For…
…world as well as in Article 16 of the UNCITRAL Model Law. The same with other historically inherent powers, for instance, the right to apply interim measures – while inherent…
…an increasing number of requests to fund enforcement proceedings exclusively. Central Asia: The Intersection of Economic Flux, Investment Influx and Arbitration Reform As the panel shifted its focus to…
…cornerstone international instruments as UNCITRAL Model Law and New York Convention point towards such approach, including Art. 1(2) of the Model Law providing for its domestic application and Art. V(1)(e)…
…Award”) against India in a Geneva-seated UNCITRAL arbitration under the Germany-India Bilateral Investment Treaty (“BIT”). India applied to set aside the Interim Award before the seat court, but was unsuccessful…
…Key Features of the New Arbitration Regime The IAA and DAA are drafted substantially in conformity with the UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments adopted in…
…to 70 member states. Dr. Knieper credits this success to UNCITRAL’s ability to find consensus among a highly diverse group. Through this mandatory consensus-based approach, UNCITRAL was able to establish…
…from Article 7 of the UNCITRAL Model Law and Article 2 of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) to hold…
…awards rendered pursuant to the Rules and administered by the Centre, and helps to ensure their global enforceability. B. Increased Efficiency Through the comprehensive reform of the Rules, several…
…hosted by the Thailand Arbitration Center (THAC), featured two main sessions – one entitled “Investor-State Dispute Settlement (ISDS) Reform: Addressing Challenges and Ensuring Fairness” and another called “Intellectual Property and…
…Partners) explained that in April 2023, the Japanese Diet approved amendments to the Japanese Arbitration Act for the first time in two decades to follow the 2006 UNCITRAL Model Law…
…ICA Law, which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006 (the “Model Law”), is a substantial change to the…
…Case No. 2016-39), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). A decision on interpretation and correction of the award followed on 6…
…Where such provisions exist, the tribunal will be bound to apply them. Practical Considerations for Arbitration Users As well as shining a light on broader areas for reform, the…
…of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters. The UNCITRAL Guide on the Convention on the Recognition and Enforcement…
…recap a couple of legislative and policy initiatives. This notably concerns initiatives taken by the EU in furtherance of its investment policy and initiatives by several states to reform their…
…Law (UNCITRAL) Working Group III is actively engaged in reforming the ISDS regime to address perceived shortcomings in areas like transparency and the balance between investor protection and the state’s…
…reassure both local and foreign investors. The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer…
…substantive reform of ISDS or additional/alternative considerations for the reform. For instance, commentators, inspired by ongoing procedural reform discussions, explored potential approaches to substantive reform of ISDS. As reported by…
…on-going negotiations of the EU in the Working Group III of UNCITRAL on ISDS Reform. Applicable Law and Rules of Interpretation The Model Clauses propose that tribunals interpret a BIT…
…why courts would cite to other courts in the context of international law fragmentation. Precedent is particularly important in ISDS practice because its ongoing reform is a focus of the…
…the case with the 2006 UNCITRAL Model Law. Specific Privileges for Institutional Arbitration Unlike the 2006 UNCITRAL Model Law (UNCITRAL Model Law, Arts. 13.3, 14.1), the Law by default…
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have…
