The award in Serafín García Armas and others v. Venezuela (PCA Case No.2013-3) (administered under the 1976 UNCITRAL Rules) was released in April 2019. This post refers to two decisions…
…now mirrors the pro-arbitration approach codified under the UNCITRAL Model Law. Article 36(2) of the same particularly refers to applications for setting aside or suspension of an award, in which…
…Mouralis addressed the recent innovations observed in bilateral investment treaties drafting. Reflecting the ongoing debate about the ISDS reform, they introduced a balanced relationship between investors and State, in particular…
…Royal Decree M/58 on 4/9/1427H (27 September 2006), introduces significant reform with regard to the requirements to enter into arbitration agreements for governmental bodies. Under the new legal framework, governmental…
As UNCITRAL Working Group III is proceeding to address concrete proposals to reform treaty-based investor-state arbitration, the future of investor-state dispute settlement (ISDS) is at a historic juncture. Reform proposals…
…the decisions 4A_244/2019 and 4A_246/2019 of 12 December 2019, the Supreme Court dealt with the issue of arbitrability. In two arbitrations brought before a tribunal under the UNCITRAL Arbitration Rules…
…adoption of such a protocol or amendment by a number of States would take a significant number of years and, in the interim, create more uncertainty”. Therefore, UNCITRAL prepared a…
…Finally, it proposes some factors to be considered in a much-needed reform. Consolidation under BiH Legal Framework BiH has a fairly unique and complex legal system due to its…
…The Court correctly settled the jurisprudence of the Convention with the help of foreign judicial precedents, and also candidly adopted the UNCITRAL Secretariat Guide on the Convention, both of which…
…Astana International Financial Centre (“AIFC”) in Kazakhstan came into existence in 2018, and the efforts to reform Kazakhstan’s international arbitration law (described above) were also aimed at bolstering the AIFC’s…
Two and a half decades have passed since Hungary harmonised its arbitration law with UNCITRAL Model Law (‘Model Law’) in 1994. This marked a giant leap forward, especially as the…
…jurisdiction for ADR. First, the Philippines has unfortunately yet to adopt the 2006 revisions to the 1985 UNCITRAL Model Law on International Commercial Arbitration. Like many jurisdictions, its ADR laws…
…the UNCITRAL Arbitration Rules. This was despite the absence of any reference to these Rules in the OIC Agreement, and the fact that placing the constitution of tribunals in the…
…to overseas investors, particularly amongst Lusophones. Legislative reform needed includes promulgation of investor-friendly legislation that incorporates best international practices, as well as modern and effective dispute resolution techniques for investment…
…Enrique and Jorge Heemsen against Venezuela, not only because of lack of jurisdiction ratione voluntatis, since Venezuela did not consent the arbitration to be settled by an UNCITRAL tribunal, but…
…a state actor to reform its domestic legislation in order to comply with its international obligations, then the ruling has stimulated some state practice. Second, it is possible to argue…
…specific treaty and the UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration is received by the respondent and, second, at the date…
In 2013 Mexico embarked on a major energy reform by amending its Constitution, thereby allowing the participation of private investors in the exploration and extraction of oil & gas and…
…under the United Nations Commission on International Trade Law (UNCITRAL) Model Law regime. The main objective of this article is to suggest that arbitration lawyers’ negative understanding of ex aequo…
…costs and other applications. Indeed, the ADGM is widely regarded by parties as a favorable seat, for its incorporation of the UNCITRAL Model Law, with certain enhancements, including with regard…
…August 2019 (“WP3”). The Contracting States, stakeholders and the public have submitted reform proposals regarding arbitrator challenges to the UNCITRAL secretariat, in preparation of UNCITRAL Working Group III meetings. The…
…at the seat of the arbitration under Article 11 (4) of the UNCITRAL Model Law, 1985 (“Model Law”). In jurisdictions where court procedure is slow and tedious, an application to…
…even legitimate in extra-EU constellations from a Union law perspective, the EU will continue to seek reform. Depending on the momentum during the reform process, it will either aim at…
…to a system that has received severe critics for its alleged lack of transparency and legitimacy, and that is currently under revision and reform. There were four moments in which…
