…Biden Administration, and what does it mean for the United States and its future participation in the reform of investment arbitration? I do not think we can assume a pre-2017…
…view, a European answer needs to include innovations in both substance and procedure that build on the EU’s efforts to reform investor-state arbitration in the international arena. As a matter…
…UNCITRAL Model Law on International Commercial Arbitration, arbitral awards must be rendered in writing and contain the arbitrators’ signatures. The enforceability risks of authenticating an arbitral award with an electronic…
…UNCITRAL Guide to the Convention has also deliberated on this issue in its chapter on Article II3)See paragraphs 59 to 64 in the chapter on Article II. and concluded that…
Readers of this blog are well familiar with the sharp criticism international arbitration faces on account of the quality of legal reasoning in arbitral awards. Traditionally, much of the prolific…
…Council ITA) and Tom Sikora (Senior Vice Chair – ITA) with expert panelists Anna Joubin-Bret (Secretary – UNCITRAL), Martina Polasek (Deputy Secretary-General – ICSID), Dominique Brown-Berset (Brown&Page), Lucy Reed (Independent…
…placing them in the context of a broader discussion of ISDS regime reforms. Procedural reform Professor Douglas began by evaluating the sparse procedural rules of investment treaty tribunals. Surprisingly,…
On 15 July 2020, an UNCITRAL Tribunal rendered a Partial Award on Jurisdiction in a dispute between Mr. Lee-Chin and the Dominican Republic (DR) concerning the alleged expropriation of a…
…ECHR, which is of constitutional rank in Austria and was the reason for Austria to adopt Article 18 of the UNCITRAL Model Law (the parties’ right to “equal” treatment) in…
…invoked the UNCITRAL Rules specifically provided the tribunal with broad authority enabling it to do so. Next, Earth Science challenged the amount of the award contending it was excessive and…
…decision may further shape the trajectory of Chinese legal reform on the treatment of arbitrations in China administered by foreign arbitral institutions. Longstanding uncertainties under Chinese law in determining…
…the UNCITRAL Model Law (adopted in places such as Singapore and Hong Kong). Enforcement applications are subject to very particular formality requirements under Chinese law, including the requirement that “documents…
…in Article 34 2a(i) of the UNCITRAL Model Law). The argument of the majority, that a reason for applying the law of the seat as a default rule in the…
…equal treatment of the parties in arbitration proceedings enshrined in Article 18 of the UNCITRAL Model Law and propose a three-step test to assist courts, arbitral tribunals and counsel address…
…UNCITRAL Model Law. According to Article 19 of the IACA, the parties remain free to structure their arbitration as they choose, so that the Chilean law as lex arbitri supplies…
…UNCITRAL Model Law on International Commercial Arbitration. In terms of institutions, the arbitration rules of major Chinese arbitral institutions generally do not contain limitations on party representative’s nationality or qualification…
…submitted to arbitration under the UNCITRAL rules. The key element of Article 188(2) of the LOSC is that the arbitral tribunal shall refer questions on the interpretation and application of…
…means to improve investor-state dispute settlement (“ISDS”). In this context, the Convention has served as a catalyst for these initiatives. For example, UNCITRAL Working Group III (“UWG”) noted that in…
…signaled a new level of integration with regard to the regulation of foreign investments in Africa.1)Makane Mbengue, Special issue: Africa and the reform of the international investment regime – an…
…ongoing update of the UNCITRAL 1980 Conciliation Rules into the UNCITRAL Mediation Rules, both of which may be used for ISDS mediation. Support will also increase with the growth in…
…discussions as part of the broader debate on investor-state dispute settlement (‘ISDS’) reform. This post addresses the current state of the UNCITRAL discussions on mediation (I) and outlines the proposed…
…investor-State mediation has strengths relative to arbitration, any reform must carefully integrate mediation with existing processes and reform efforts.1)This post builds on: Esmé Shirlow, ‘The Promises and Pitfalls of Investor-State…
…an undue cause for worry. As seen from the travaux préparatoires, the inclusion of Article 8 should be viewed positively as the UNCITRAL Working Group II noted that government entities…
…investor-State disputes. Both the UNCITRAL and ICSID reform processes, in particular, have emphasised the possible utility of developing mediation as an alternative investor-State dispute settlement method. UNCITRAL’s Working Group III…
