…rules contemplate that if one of the parties to the arbitral proceedings requests a hearing, the tribunal shall provide that party a hearing. Article 24 of the UNCITRAL International Commercial…
…battle in Walter Bau v. Thailand). The issue is rarely if ever mentioned in the recent discussions on investor-state dispute settlement reform, let alone in the intra-EU BIT debate. In…
…The 2018 Investment Code removed the offer to arbitrate pursuant to ICSID Convention, and provided for amicable settlement of the dispute to be conducted under the UNCITRAL Conciliation Rules within…
…Act might be. Enuma U. Moneke, The Quest for Transparency in Investor-State Arbitration: Are the Transparency Rules and the Mauritius Convention Effective Instruments of Reform? In recent years, critics…
…German Code of Civil Procedure (Zivilprozessordnung – ZPO), art 26 para 1 lit a UNCITRAL Model Law, sec 27.2 s 1 DIS Rules 1998, art 28.2 DIS Rules 2018, 25.4…
…be driven through the introduction of internal appellate procedures into arbitration rules, than by reform of national arbitration laws. It will be interesting to see if more of the major…
…process for an international arbitral award delivered in Chile, although these provisions were no longer applicable due to the reform brought by the Investment Law. Likewise, in case number 17230-2019-03159,…
…accordance with the UNCITRAL Model Law on International Commercial Arbitration of 1985…”. After disputes arose, the parties commenced arbitration proceedings which were held in Kuala Lumpur and resulted in an…
…variety of disputes.”11)Ibid. And according to Luo Dongchuan, Vice President of the Supreme People’s Court, China will advance its arbitration system reform and make efforts in building an arbitration friendly…
…dispute settlement reform discussions touched upon corporate restructuring. Although the UNCITRAL Working Group III has not yet addressed the issue of corporate restructuring in great detail, concerns were expressed with…
…of the UNCITRAL Model Law or art. 31 of the ICDR Rules. Such rules are supportive of party autonomy, as they allow parties not only to choose any applicable law,…
…as in e.g. Art. 46 of the UK Arbitration Act, Art. 1051(2) of the German ZPO or Art. 28 the UNCITRAL Model Law. This textual difference has been interpreted as…
…commercial arbitration (and investment arbitration under the UNCITRAL Rules). It is my argument that the ‘manifest lack’ threshold in the ICSID regime should be interpreted in line with the higher…
…business on human rights, and are based on the Arbitration Rules of the United Nations Commission on International Trade Law (the “UNCITRAL Rules”). Like the UNCITRAL Rules, the remit of…
…expressed herein are solely those of the author and do not represent the views of the ICSID or UNCITRAL Secretariats. As many readers of this blog would know, UNCITRAL Working…
…by the parties or contained in an exchange of letters or telegrams. The UNCITRAL Working Group on Arbitration express the purpose of the writing requirement in the following words (at…
…a more systematic reform of both international investment agreements (IIAs) and ISDS? Naturally, we cannot cover the entire debate here. This post focuses on a particularly interesting development in Libya….
…independence or impartiality by the party-appointed expert is not required under R44.1 and R44.2 of the Code of Sports-related Arbitration. According to Article 27.2 of the UNCITRAL Arbitration Rules (2010),…
…under the 1996 Ukraine-Moldova BIT. Energoallians commenced Paris-seated UNCITRAL arbitration proceedings and in 2013, co-arbitrators Mikhail Savranskiy (Russia) and Viktor Volchinskiy (Moldova) rendered a majority award dismissing the Moldovan State’s…
…The UNCITRAL Technical Notes on Online Dispute Resolution issued in 2016 defined ODR as “a system for dispute resolution through an information technology-based platform and facilitated through the use of…
…on the scope, validity and effect of limited or excluded liability clauses provided by international arbitration rules. A comparative analysis: LCIA, ICC, PCA and UNCITRAL advanced liability rules Given…
…only in person. As stipulated in Rule 28(4) UNCITRAL Rules, for example, witnesses may be examined through means that do not require physical presence. Procedural hearings are usually held by…
…case in passing. In a long-running UNCITRAL ECT dispute relating to agreements entered into between Komstroy and Moldova for the sale of Ukrainian electricity to Moldova, the Court of Appeal,…
…about learning about different experiences from discussions around the world. For two years now, I have been part of the commission for the reform of civil procedure law in Chile….
