…ethical rules. The incentives for ethics enforcement bodies is essentially maximum payoff with minimum effort. There is understandably little appetite for extensive reform because it is not even clear how…
The 98th Annual Meeting of the American Branch of the International Law Association (“ABILA”), known as ABILA’s International Law Weekend (“ILW”), took place in New York City on 10 –…
…in March/April 2020 will focus on counterclaims, dispute prevention and the reform instruments. Without doubt, the discussion under UNCITRAL Working Group III represents a welcomed effort to improve the system…
…also points to significant differences between UNCITRAL and ICSID practices. The UNCITRAL tribunals granted or partially granted investors’ requests for provisional measures in more than 70% of cases and the…
The growing public interest in investment treaties and investor-State dispute settlement has prompted an increasing number of States to open to public view aspects of investment treaty negotiations. During the…
…new regime. The new code also provides for the establishment of a dedicated Investment Promotion Agency, aimed at streamlining investment procedures. The Government believes that the reform will strike the…
…Convergence’ In 2014, the United Nations Commission on International Trade Law (‘UNCITRAL’) first considered a proposal for the development of a multilateral convention on the enforceability of international commercial settlement…
The ICSID reform bells are ringing. ICSID has long been working on its latest rule amendment project, intent on modernising, simplifying and streamlining the ICSID rules also in light of…
…adopted the UNCITRAL Model Law on International Commercial Arbitration with the amendments contained in its 2006 review. Pursuant to the Colombian Constitution, the tutela, in turn, has a residual character,…
…Gabriel Onovo, Re-examining the Legal Basis for the Co-existence of Federal and State Arbitration Laws in Nigeria The National Committee on the Reform and Harmonisation of Arbitration and ADR Laws…
…thoughts about the future of international arbitration in Uzbekistan and, more broadly, in Central Asia? Uzbekistan is willing to become an UNCITRAL model law country, which is an important milestone…
…such enforcement is “susceptible to severely prejudice the rights of a party” (Article 1526(2) of the CCP). Introduced by the 2011 French reform on arbitration, this provision is aimed at…
…the UNCITRAL Model Law on Arbitration as Part VI of the Belgian Judiciary Code in 2013. Since a number of years, CEPANI further actively participates as an observer in UNCITRAL’s…
…seeking to reform their domestic policies to attract, facilitate and retain sustainable FDI that contributes to local economic and non-economic development. Identify irritants from the start First, the GOP…
…contention between the ‘haves’ and ‘have-nots’ cooled the attention given to judicial reform through private contract. While a majority could still be constituted in favor of arbitration, opposing political persuasions…
…UNCITRAL Arbitration Rules, Rule 34(a) of the ICSID Arbitration Rules), as well as the IBA Rules on the Taking of Evidence provide for this alternative and have guidelines for tribunal-appointed…
…the breakdown of “international standards”. One view is to apply the standards as set forth under the UNCITRAL Model Law (with amendments as adopted in 2006). In this regard, it…
…more careful analysis shows that it should not be too surprising. In fact, most of arbitration laws do not regulate arbitrator’s liability at all. For example, even the UNCITRAL Model…
…international organizations such as Arbitration Committee of IBA, ICCA, UNCITRAL, the Chartered Institute of Arbitrators or international arbitration courts. Management of the arbitral proceedings lays at the very center of…
…Ukraine under the Russia-Ukraine Bilateral Investment Treaty (the “Russia-Ukraine BIT”). An UNCITRAL arbitral tribunal in Paris awarded Tatneft $112,000,000 in damages plus interest against Ukraine for violating its obligations under…
…the Act (nor is it in other leading instruments such as the New York Convention and the UNCITRAL Model Law). Nonetheless, it will usually be quite clear whether a decision…
…UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration along with the statement of claim is received by the respondent and, second, at…
…later consolidated and are now being heard by a single arbitral tribunal operating under the UNCITRAL Arbitration Rules 2013. The case, Antonio del Valle Ruiz et al. v. Kingdom of…
…The Chief Justice of Kenya and keynote speaker, the Honourable David Maraga, highlighted that arbitration in Africa has benefited from the adoption of the UNCITRAL Model Arbitration Law by African…
