…a District Court Judge to challenge an unconstitutional or unlawful act generally committed by a non-judicial government official. As part of the 2013 reform to Mexico’s Amparo Law, an amparo…
…emails, according to the non-binding – yet authoritative – 2006 UNCITRAL Recommendation interpreting the means of communication in Article II(2) as non-exhaustive). Instead, Article 11 of the CISG professes the…
…scene in India, leaves the discretion in the hands of courts and executive to decide who gets to be a part of this reform. Another problem associated with this governmental…
…secondary legislation, of which the ADGM Arbitration Regulations form a part. The ADGM Arbitration Regulations, based as they are on the UNCITRAL Model Law, might, on their face, support a…
…qualification. Section 36 of the English Arbitration Act and Section 594(3) of the Austrian Arbitration Law are some examples of this position. Similarly, Article 4 of the UNCITRAL Arbitration Rules…
…and highly respected umpires, with no or only modest increase in costs. Last, this reform further reflects, and reinforces, the non-profit nature of arbitration institutions in China, and sets a…
…Law based on the UNCITRAL Model Law but is not a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards – see in this…
…discussed in previous posts, and comes at a time when efforts by the European Commission to reform the ECT are garnering widespread strength. The LBBW Case The LBBW case…
…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…
…identical to Article 34(2)(b)(i) of the UNCITRAL Model Law. It stipulates that awards contemplating a non-arbitrable subject matter may be set aside. The Supreme Court first shed light on the…
…federal government has not adopted the UNCITRAL Model Law, but federal courts have interpreted the FAA consistently with the UNCITRAL Model Law. But where underlying transactions take place completely within…
…commence UNCITRAL Rules (ad hoc) arbitration against Korea. It usefully adds an expedited procedure for submissions, hearings, and drafting of the arbitral award, but envisages first “consultations” without specifying any…
…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
…from a civil law state they would be capable of meeting the expectations of the parties. Moreover, the work of the UNCITRAL Working Group III and the amendment process of…
…July 2018. Hungary’s newly adopted Arbitration Act (Act No. LX of 2017, hereafter the “2017 Arbitration Act”) is based on the UNCITRAL Model Law as amended in 2006 and governs…
…how to reshape the existing law in a future law reform. References[+] References ↑1 Syska v Vivendi Universal SA & Ors, 2 October 2008, [2008] EWHC 2155 (Comm); Syska &…
…these issues, EAs variously made reference to general “international arbitration practice”, the lex arbitri and international guidance such as the UNCITRAL Model Law of 2006. From the above it can…
…introduce? The current Federal Arbitration Statute is based on the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules. Nigeria was the first country in Africa to adopt the 1985…
…are aspiring EU member states, and as such, they have been involved in comprehensive reform processes aimed at harmonizing their legislative and political framework with the acquis communautaire. The ISDS…
…the Fiona Trust approach ‘may not assume so much importance for courts in the future’ as arbitral clauses stated in wider terms (such as the UNCITRAL Arbitration Clause) are increasingly…
…use of arbitration, with the most recent reform enacted by Law n° 08-05.3)Promulgated by Royal Decree No. 1-07-169 of 30 November 2007 and published in the Bulletin Officiel du Royaume…
…that in order for the reform however to see its full potential, the most straightforward formulation for such a provision aims at: addressing investors directly; imposing upon them obligations rather…
…on the 2006 UNCITRAL Model Law and available in English here). How has this development impacted CICA’s workload? The adoption of this Law marked a turning point for arbitration in…
…and costs in arbitral proceedings. Institutions like the UNCITRAL (Notes on Organising Arbitral Proceedings), the ICC (Appendix IV of the ICC Arbitration Rules 2017) and the College of Commercial Arbitrators…
