…or international arbitration, except for arbitration in respect of certain investment disputes.3)ADB, “Promotion of International Arbitration Reform for Better Investment Climate in the South Pacific” (November 2016) at [5]; ADB,…
…The movement to reform the current ISDS regime led to the UNCITRAL Working Group III discussion (“WG III discussion”), which has been addressed in this blog multiple times. The WG…
The relationship between developing countries and the International Centre for Settlement of Investment Disputes (ICSID) has not been smooth, to say the least. Several developing countries such as Bolivia, Venezuela…
…Articles V(1)(d) of the NYC and 34(2)(iv) of UNCITRAL Model Law. However, the Court’s analysis on the standard required under the NYC and the UNCITRAL Model Law is unclear. The…
…the EU’s work in the ongoing multilateral reform process in the United Nations Commission on International Trade Law (UNCITRAL). It also said that any amendments to the ECT do not…
…cases. To this end, the ECT contracting parties have proposed to reform damages in the context of the ECT modernization process. For instance, Turkey has suggested an additional protocol to…
…the potential to memorialize a uniform set of ethical expectations for ISDS generally.” UNCITRAL’s Working Group III on ISDS Reform addressed the drafting of the code in its thirty-fifth, thirty-seventh,…
…arbitral awards. The main reasons for FET reform seem to be a lack of clarity and a possibility of a “regulatory chill”. Adding fuel to the overall reform debate is…
…AFSA’s international case load, which more than doubled since the enactment of South Africa’s International Arbitration Act (“IAA”) based on the UNCITRAL Model Law in late 2017. In order to…
…a dynamic interpretation approach. Third, in the context of the ISDS reform, mainly conducted under the auspices of the UNCITRAL Working Group III, the ECT cannot remain in isolation and…
…reform discussions, including those in the UNCITRAL, ICSID and OECD contexts. The EU, for instance, has referred to ongoing multilateral initiatives for reform of investor-State dispute settlement processes, including its…
…videoconferencing (see, e.g., UNCITRAL Model Law, Art. 24). Meanwhile, the standard practice as envisaged in the rules of major arbitral institutions provides for broad discretionary powers of arbitral tribunals to…
…Law and the Law Reform Committee of the Singapore Academy of Law also actively consider reforms to arbitration law. A noteworthy proposal under consideration is to introduce to the International…
…disputes. By contrast, the 2016 Arbitration reform brought some clarity in Russia: since 1 February 2017, all “corporate disputes” (i) must be administered by accredited “Permanent Arbitration Institutions” only, (ii)…
…they may be. He questions which interest should prevail, and whether protecting the environment is simply a matter of national law. EU member states may need to consider treaty reform,…
…arbitrations. However, there seems to be hope for delocalized arbitration in England as the English Arbitration Act 1996 is based on UNCITRAL Model Law, which in fact provides for the…
An award set-side underlines that it has been annulled in the jurisdiction in which it has been rendered. The grounds for setting aside an award are provided by the UNCITRAL…
…in the case concerning the UNCITRAL Model Law The facts of Uber v. Heller have already been discussed on the Blog in a prior post. An aspect not addressed in…
…In Uber v Heller, an online platform nearly collided with the UNCITRAL Model Law. In deciding that the Uber’s standard arbitration clause was unconscionable and therefore unenforceable, the SCC swerved…
…are based on the UNCITRAL Model Law. All three Acts classify arbitration proceedings as ”special procedure”, thus placing it collectively with other forms of ”special procedures” such as trespass litigation…
…the relevant law and regulatory framework is needed and, if so, make recommendations for reform.2)Website of the Law Reform Commission of Hong Kong. The sub-committee’s broad remit appears to encompass…
…based on UNCITRAL Model Law and India’s reservations under the NYC, can be found in Part II of the Act at Section 44. Under the first reservation, India only enforces…
Arbitral awards can be annulled on exhaustive grounds prescribed in the lex arbitri. Under UNCITRAL Model Law Art. 34/2/a/iii an award can be challenged, if arbitrators award differently than the…
…with international expectations. The Act, like many similar arbitration acts, embodies the spirit of the UNCITRAL Model Law. The amendments to the Act include provisions related to the minimal intervention…
