In 2013 Mexico embarked on a major energy reform by amending its Constitution, thereby allowing the participation of private investors in the exploration and extraction of oil & gas and…
…under the United Nations Commission on International Trade Law (UNCITRAL) Model Law regime. The main objective of this article is to suggest that arbitration lawyers’ negative understanding of ex aequo…
…costs and other applications. Indeed, the ADGM is widely regarded by parties as a favorable seat, for its incorporation of the UNCITRAL Model Law, with certain enhancements, including with regard…
…August 2019 (“WP3”). The Contracting States, stakeholders and the public have submitted reform proposals regarding arbitrator challenges to the UNCITRAL secretariat, in preparation of UNCITRAL Working Group III meetings. The…
…at the seat of the arbitration under Article 11 (4) of the UNCITRAL Model Law, 1985 (“Model Law”). In jurisdictions where court procedure is slow and tedious, an application to…
…even legitimate in extra-EU constellations from a Union law perspective, the EU will continue to seek reform. Depending on the momentum during the reform process, it will either aim at…
…to a system that has received severe critics for its alleged lack of transparency and legitimacy, and that is currently under revision and reform. There were four moments in which…
…future developments of this institution are set out below. Key Features of the New ACIC Rules: Points of Convergence with the UNCITRAL Model Law To substantial extent, the ACIC…
…on this initiative for the establishment of a permanent court and its applicability to the ECT? UNCITRAL WG III had already started discussions on Investor-State Dispute Settlement reform in 2017,…
…to reform arbitration provisions in investment treaties. The same lack of engagement in the United Nations Commission on International Trade Law (UNCITRAL) is also surprising, given our country’s broader interests…
…reform contained in the RDL 17/2019 would be capable of changing the current tendency. Despite certain challenges examined herein, this legislative measure could be a game-changer for both the foreign…
…law that is significantly reliant on the UNCITRAL model came into force. Amongst other changes, the revised law adopts a mechanism to resolve impasses in arbitrator appointments in multi-party arbitration,…
…legitimacy and capacity concerns affecting ISDS. While these concerns are also currently under the scrutiny of the UNCITRAL Working Group III, Dr. Kane highlighted that the reform proposal for the…
…overall, it seems likely that the ongoing reform discussions at UNCITRAL will shape the future of ISDS. Very likely, future discussions will also involve a reform of substantive laws. …
…in their supply chains and development projects.” “What” … about the rules The Rules are based on the UNCITRAL Arbitration Rules. The Rules are also accompanied by elaborate commentary….
…Halliburton v. Chubb Bermuda Insurance, which is now under review by the UK Supreme Court. For next year, we still expect significant developments in ISDS, with the UNCITRAL Working Group…
…based on the UNCITRAL Arbitration Rules, which lack the innovative features of the MARC Rules – such as an emergency arbitrator procedure, a small-claims expedited procedure, and the disclosure of…
…Binh v Vietnam finally came to an end. As covered in this Blog post, on 10 April 2019, an UNCITRAL arbitral tribunal established pursuant to the 1994 Vietnam-Netherlands Bilateral Investment…
…takes, on average, about 11 months (7.2 months in the 1st instance and 3.5 months in the 2nd instance). The Reform Makes Litigation More Expensive and Procedurally Challenging Those…
…Colombia has tried to build its reputation as a pro-arbitration jurisdiction. The country implemented the UNCITRAL Model Law and the New York Convention some years ago and all applications for…
…Zambian courts would be procedurally incorrect, as the KCM shareholders’ agreement contained an arbitration clause. Accordingly, Vedanta initiated UNCITRAL arbitration proceedings seated in South Africa against ZCCM, while also filing…
…is a modern arbitration law inspired by the UNCITRAL Model Law. As Erica Stein and David L Attanasio rightly put it, “the problem in its (the Court) decision-making is that…
…was ratified in 1994. The enactment of the 2003 Spanish Arbitration Act turned Spain into a genuine UNCITRAL Model Law country, thus paving the way for the consolidation of Spain…
…UAE: Onshore v. Offshore Each free zone has adopted its own arbitration law, the 2008 DIFC Arbitration Law and the 2015 ADGM Arbitration Regulations, each modeled on the UNCITRAL Model…
