…independence or impartiality by the party-appointed expert is not required under R44.1 and R44.2 of the Code of Sports-related Arbitration. According to Article 27.2 of the UNCITRAL Arbitration Rules (2010),…
…under the 1996 Ukraine-Moldova BIT. Energoallians commenced Paris-seated UNCITRAL arbitration proceedings and in 2013, co-arbitrators Mikhail Savranskiy (Russia) and Viktor Volchinskiy (Moldova) rendered a majority award dismissing the Moldovan State’s…
…The UNCITRAL Technical Notes on Online Dispute Resolution issued in 2016 defined ODR as “a system for dispute resolution through an information technology-based platform and facilitated through the use of…
…on the scope, validity and effect of limited or excluded liability clauses provided by international arbitration rules. A comparative analysis: LCIA, ICC, PCA and UNCITRAL advanced liability rules Given…
…only in person. As stipulated in Rule 28(4) UNCITRAL Rules, for example, witnesses may be examined through means that do not require physical presence. Procedural hearings are usually held by…
…case in passing. In a long-running UNCITRAL ECT dispute relating to agreements entered into between Komstroy and Moldova for the sale of Ukrainian electricity to Moldova, the Court of Appeal,…
…about learning about different experiences from discussions around the world. For two years now, I have been part of the commission for the reform of civil procedure law in Chile….
…serve to form “subsequent practice” as used in Article 31(3) of the Vienna Convention on the Law of Treaties,1)Canadian Cattlemen for Fair Trade v. United States of America (NAFTA/UNCITRAL) Award…
…in English and Chinese with 78 foreign arbitrators appointed. Further, the Chinese government adopted the Reform and Opening up Policy after 1978. Relevant policies, regulations, and laws were issued and…
Due process paranoia remains a live issue in international arbitration. Arbitrators can feel under pressure to fulfil their duties to give parties an opportunity to present their case whilst also…
…towards fulfilling Palau’s objectives of attracting international commerce and foreign investment. The UNCITRAL Model Law on International Commercial Arbitration is a tested and well-established model for legislative reform. It is…
…Since 2017, UNCITRAL Working Group III has been evaluating different options for the reform of investor-state arbitration. In Europe, the European Commission has decided to cancel all intra-EU BITs. More…
…the DIFC by DIFC Law No.1 of 2008 (the “DIFC Arbitration Law”), both modeled to some extent on the UNCITRAL Model Law, and benefit from the curial assistance of the…
…BITs and the ethos of ICSID and UNCITRAL (which are aimed at promoting international investment and trade). The UNCITRAL has even drafted a Convention on the Assignment of Receivables in…
…international arbitrations at Armesto & Asociados, be it under ICC, ICSID or UNCITRAL Rules, the parties request a document production phase. In order to simplify and limit this procedure, we…
…The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat…
A cursory reading of the mandate of Working Group III reveals that the discussion at UNCITRAL of ISDS (Investor-State Dispute Settlement) reform focuses only on procedural aspects of dispute settlement…
Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…
…effect yet again one of those unrealistic dreams of the Man from La Mancha. To see our full series of posts on the UNCITRAL WG III reform process, click here….
…their impact by filtering candidates through a stringent set of checks and balances. To see our full series of posts on the UNCITRAL WG III reform process, click here….
During its last resumed 38th session which took place in Vienna from 20–24 January 2020 the UNCITRAL Working Group III discussed in parallel three reform alternatives, based on the notes…
…this reform option, including for asymmetry in investment arbitration and the UNCITRAL WG III’s analysis of procedural versus substantive reform options. Our contributors this week offer a diverse set of…
…favour of investors, at the expense of state parties’ ability to make legitimate policy decisions.1)UNCTAD’s Reform Package for the International Investment Regime discusses amendments in this regard, from page 38….
…reiterates the respective provisions of the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), although it’s worth to remark that Ukraine did not adopt the 2006 revised version….
