…When will courts intervene to remove an arbitrator in the name of supporting the arbitration process? These cases are governed by the seldom-invoked Article 14 of the UNCITRAL Model Law,…
On June 26, 2020, the Supreme Court of Canada (“SCC”) released a decision with significant implications for international businesses by placing significant limits on the application of arbitration clauses. …
…global developments. Many of them noted the link between USMCA and NAFTA, between USMCA and regional politics, and between USMCA and broader global trends related to investment treaty reform. Consistently,…
…International trade Law (UNCITRAL) Working Group III (Investor-State Dispute Settlement Reform), mandated to address ISDS reform options. Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes…
…among other topics, global investor-State dispute settlement (“ISDS”) reform efforts. It then briefly introduces the posts that will feature as part of this week’s series. NAFTA to USMCA: How…
…regarded as part of the procedural public policy (ordre public).” Comment When the German Bundestag discussed the reform of Germany’s arbitration law in 1997, the legislators contemplated the need…
On 1 May 2020, ICSID and UNCITRAL released the long-awaited Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS) (“Draft Code”) as previously reported and discussed. Article 1.1…
…mechanism prescribed in Article 27 of the UNCITRAL Arbitration Rules and Article 3 of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules on Taking Evidence”)….
…Arbitraje Comercial de 1988 (LAC 1988)). They almost mirror the language of Article 34 of the UNCITRAL Model Law 1985, as amended. In principle, an application to challenge an arbitral…
…Dr Judith Knieper presented on the structure and history of UNCITRAL, as well as the mediation framework offered by UNCITRAL, which includes the 1980 UNCITRAL Conciliation Rules and the 2002…
…that ISDS qua system impacts all generations of rights. Ongoing ISDS Reform Efforts There have been three notable ISDS reform efforts: Discussions at the UNCITRAL Working Group III (Investor-State…
…states’ economic and legal framework, creating certainty in the market and promoting economic stability and growth (see UNCITRAL Guide on Insolvency Law, p. 10). Insolvency law may, therefore, be held…
…In similar vein, the UNCITRAL Secretariat has recorded in a recent note that its Working Group III for Investor-State Dispute Settlement Reform “may wish to consider formulating provisions on investor…
…and in international fora including UNCITRAL. To my help I have two co-pilots, Deputy Secretary General Kristin Campbell-Wilson and Head of Business Development Lise Alm, and a dedicated team of…
…truth is that we are both right. Recent years have seen many different reform efforts to aid parties and counsel in arbitrator selection. These reforms include publishing arbitrator names on…
The Prolonged saga of enforcement of the ICC commercial arbitration award of 2015 in Devas v. Antrix (ICC Case No. 18051/ CYK of 2011) has not only raised several interesting…
…operation of the Agreement’s MFN clause and the UNCITRAL Rules, thereby bypassing the recalcitrant OIC Secretary General. The OIC Agreement lay seemingly forgotten for years until it was successfully invoked…
…and achieving justice, which is the hallmark of the process. Most institutional arbitration rules, including Rule 17 of the UNCITRAL Arbitration Rules, obligate an arbitrator to “provide a fair and…
…policy defences to enforcement The public policy defence is available under Article 36(1)(b)(ii) of the UNCITRAL Model Law, but no definition as to the scope of this defence is included….
…the UNCITRAL Model Law; cross-border enforcement of interim measures; a comparison between commercial and treaty-based arbitration; strategic management in commencing arbitrations; the future of State courts and arbitration; an interrogation…
…range of concerns. As previously documented on this blog, the governments participating in the UNCITRAL Working Group III – ISDS Reform (WG III) have determined three main reform areas: consistency…
…which do not have a fallback to arbitration under the UNCITRAL or other rules). It is in this context that the author wishes to briefly recall the law governing denunciation…
…on an application by the defendant, K & J Townmore Construction Ltd, for an order under Article 8 (1) of the UNCITRAL Model Law referring the parties to arbitration. Mr….
…Ordinance, s. 46; Swiss Private International Law Act, art. 182(3); UAE Federal Law, art. 26; UNCITRAL Model Law, art. 18; HKIAC Rules, art. 13.1; SCC Rules, art. 23(2); UNCITRAL Rules,…
