…serve to form “subsequent practice” as used in Article 31(3) of the Vienna Convention on the Law of Treaties,1)Canadian Cattlemen for Fair Trade v. United States of America (NAFTA/UNCITRAL) Award…
…in English and Chinese with 78 foreign arbitrators appointed. Further, the Chinese government adopted the Reform and Opening up Policy after 1978. Relevant policies, regulations, and laws were issued and…
Due process paranoia remains a live issue in international arbitration. Arbitrators can feel under pressure to fulfil their duties to give parties an opportunity to present their case whilst also…
…towards fulfilling Palau’s objectives of attracting international commerce and foreign investment. The UNCITRAL Model Law on International Commercial Arbitration is a tested and well-established model for legislative reform. It is…
…Since 2017, UNCITRAL Working Group III has been evaluating different options for the reform of investor-state arbitration. In Europe, the European Commission has decided to cancel all intra-EU BITs. More…
…the DIFC by DIFC Law No.1 of 2008 (the “DIFC Arbitration Law”), both modeled to some extent on the UNCITRAL Model Law, and benefit from the curial assistance of the…
…BITs and the ethos of ICSID and UNCITRAL (which are aimed at promoting international investment and trade). The UNCITRAL has even drafted a Convention on the Assignment of Receivables in…
…international arbitrations at Armesto & Asociados, be it under ICC, ICSID or UNCITRAL Rules, the parties request a document production phase. In order to simplify and limit this procedure, we…
…The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat…
A cursory reading of the mandate of Working Group III reveals that the discussion at UNCITRAL of ISDS (Investor-State Dispute Settlement) reform focuses only on procedural aspects of dispute settlement…
Ahead of the thirty-ninth session of UNCITRAL Working Group III (Investor-State Dispute Settlement Reform), the General Assembly Secretariat issued a note on issues to be considered on the topic of…
…effect yet again one of those unrealistic dreams of the Man from La Mancha. To see our full series of posts on the UNCITRAL WG III reform process, click here….
…their impact by filtering candidates through a stringent set of checks and balances. To see our full series of posts on the UNCITRAL WG III reform process, click here….
During its last resumed 38th session which took place in Vienna from 20–24 January 2020 the UNCITRAL Working Group III discussed in parallel three reform alternatives, based on the notes…
…this reform option, including for asymmetry in investment arbitration and the UNCITRAL WG III’s analysis of procedural versus substantive reform options. Our contributors this week offer a diverse set of…
…favour of investors, at the expense of state parties’ ability to make legitimate policy decisions.1)UNCTAD’s Reform Package for the International Investment Regime discusses amendments in this regard, from page 38….
…reiterates the respective provisions of the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), although it’s worth to remark that Ukraine did not adopt the 2006 revised version….
…funding arrangements. This was a reform option canvassed very early in the reform process, and framed as a response to the increasing conflict of interest issues that third-party funding arrangements…
…the needs of international commercial arbitration: the law of Georgia on arbitration (the “Law on Arbitration”) is based on the UNCITRAL Model Law on International Commercial Arbitration as amended in…
…one alternative to ICSID arbitration, usually in the form of arbitration under the rules of UNCITRAL, the International Chamber of Commerce, the Stockholm Chamber of Commerce, or the Cairo Regional…
…the code’s discipline with the reform to the Italian corporate law of the same year, which introduced the possibility for arbitral tribunals in arbitration proceedings on corporate law matters (so-called…
…Kong and Singapore have adopted the UNCITRAL Model Law on International Commercial Arbitration (“ML”) which sets out in Article 18 the principle of equality of treatment: “The parties shall be…
…the Russian Federation (para 4.6.1). The Court holds that Article 26 ECT provides for international arbitration under the UNCITRAL Rules for violations of ECT provisions. It does not accept Russia’s…
…other EU states were supposed to be excluded. The agreement was governed by Singapore law and provided for UNCITRAL arbitration seated in Singapore. The dispute arose when Party A claimed…
