…and based on the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“UNCITRAL Model Law”), expressly recognizes the powers of both the arbitrator (See Article 1479 MAA) and the…
…laws. Such streamlining would promote efficiency in international business and advance the objective of the UNCITRAL Model Law on International Commercial Arbitration to harmonize national approaches to arbitration from the…
Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether…
…leaving a wide room for party autonomy. The 2024 Rules maintain the flexibility of the UNCITRAL Arbitration Rules and also include provisions that are not contained in the UNCITRAL Arbitration…
…PRC’s commercial reservation under the New York Convention. Kyrgyzstan made headway by rendering tax disputes arbitrable. This reform, effective January 1, 2023, aimed to address judicial inadequacies by introducing arbitration…
…National Code does not adopt the UNCITRAL Model Law, it does incorporate some of its principles. Notably, it grants arbitral tribunals the authority to conduct arbitration proceedings as they deem…
…that need to be resolved. The discussions at Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) (UNCITRAL WGIII) is a clear demonstration of such consensus,…
…UNCITRAL National Coordination Committee for Australia (UNCCA) seminar in Canberra exploring the New York Convention in its 65th year, and the first GAR Live event in Sydney, examining topics such…
…ISDS tax-related claims comes from the world’s leading international organization in shaping global tax policy – the OECD – under the umbrella of the landmark reform to the international tax…
…arbitration in the treaty would lead to dual nationals’ claims being disqualified under UNCITRAL arbitration. It reasoned that a cumulative application of all the conditions stipulated by different settlement mechanisms…
…principle, particularly the article II of the 1958 New York Convention and the article 16(1) of the UNCITRAL Model Law. After that, Prof. Banifatemi distinguished the positive and negative effect…
…International Investment Disputes was adopted by UNCITRAL in July 2023. The advance copy of the UNCITRAL Code of Conduct for Arbitrators in International Investment Dispute Resolution has recently been released….
…was previously amended in 2018, aligning it with the revisions of the UNCITRAL Model Law and the evolving practices of leading arbitration jurisdictions. For example, Section 42 of the Act…
…UNCITRAL Model Law, the DIFC exercises its jurisdiction mainly when it is the seat of arbitration or when the arbitration is seated elsewhere but recognition or enforcement of an award…
…Northern Ireland, on the enforcement of the Micula award by the English courts. Investor-State dispute settlement (ISDS) reform continues under the auspices of UNCITRAL Working Group III, with the first…
…1972 to the enactment of the 2005 Danish Arbitration Act based on the 1985 UNCITRAL Model Law on International Commercial Arbitration. Professor Nielsen first highlighted the present functionality of the…
…their roots in the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”), it is pertinent to draw on certain relevant insights from the HKCA and HKCFA’s decisions on C…
…if not all arbitration institutions, and in the 2021 UNCITRAL Arbitration Rules, and the 2020 IBA Rules on the Taking of Evidence in International Arbitration. However, it should be noted…
…discusses how different approaches to damages and valuation are being considered in the ongoing work of UNCITRAL Working Group III, which may influence future cases in this field. Listen to…
…tribunal may lend themselves to more general application across different industries. Highly Expedited Arbitration or “Super Sonic Arbitration”? In 2021, the UNCITRAL WG II issued the UNCITRAL Expedited Arbitration…
…adopted the UNCITRAL Model Law on International Commercial Arbitration, which carries with it the promise of restricting the scope of judicial intervention and review of arbitral decisions.2)Art. 34, UNCITRAL Model…
For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the applicable law in insolvency proceedings. The law governing the effects…
…of the FCPC are obsolete, and require a legislative reform, which may take some time and is not a priority for the French Parliament. Another solution would be for the…
…and Bermuda have enacted modern arbitration legislation modelled on the UNCITRAL International Commercial Arbitration Model Law (“Model Law”). Trinidad & Tobago recently passed legislation based on the Impact Justice Bill,…
