…Disputes (ICSID), the most comprehensive one up to date; (iii) the mandate of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (Investor-State Dispute Settlement Reform) in…
…brought to the system. USMCA is only an illustration of a change that is taking place over the world. For instance, UNCITRAL is working on the reform of investor-state dispute…
…appellate body. The EU ultimately aims to replace the bilateral investment courts of each FTA by a single multilateral investment court (“MIC”). International negotiations are currently ongoing at UNCITRAL Working…
…primarily formulated to address the facilitative arbitration services, upon parties’ request in ad hoc arbitrations, in addition to those that are available under the UNCITRAL Arbitration Rules. Construction related…
…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…of cross-border litigation. (See Born & Butler – UNCITRAL) However, regarding (international) arbitration, unfortunately, there are also significant disparities amongst the 53 countries in their legal frameworks for international commercial…
…that indicated that they might become States to watch in respect of future reforms to the investment arbitration regime. Both States have thus-far exhibited ambivalent approaches to reform. Despite potential…
…steps to establish and enhance its reputation as a reliable and attractive seat for arbitrations. Among them: Korea was the first East Asian country to adopt the UNCITRAL Model Law…
…(the Austrian Yearbook of International Arbitration), ICC Austria, YAAP (Young Austrian Arbitration Practitioners), and UNCITRAL. Anna Joubin-Bret, UNCITRAL’s Secretary, provided an overview of UNCITRAL’s work streams, including its work on…
…extent of tasks of assistants to purely organisational and administrative work of the arbitral tribunal. The UNCITRAL Notes on Organizing Arbitral Proceedings limits the task of secretaries to listing and…
…the UNCITRAL Arbitration Rules in the Austria-Libya BIT to apply Article 7(2) (b) of the 1976 UNCITRAL Rules which provides that the Secretary-General of the PCA shall designate the appointing…
…the Guatemalan Constitutional Court’s analysis on the admissibility of the amparo action on jurisdictional matters. The Guatemalan Arbitration Law (GAL) is based on the 1985 UNCITRAL Model Law. In its…
…arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and UNCITRAL Model Law on International…
…discussions. They commented on the crossroads the ISDS system appears to be at, with UNCITRAL Working Group III considering ISDS reform, the International Centre for Settlement of Investment Disputes (ICSID)…
…the UNCITRAL Model Law help in this examination as both acts are silent on arbitrators’ status. Although the convention and the laws are silent, the arbitration doctrine provides quite a…
…discussion on the reform of the international investment regime and particularly, of investor-state dispute settlement (ISDS), which has sometimes translated in reduced investment protection. Political risks are a major concern…
…a new government with the support of the new parliament. To this day, a reform of the Special Financing Act has proven to be impossible and may even have fostered…
…the Parties to apply the 2014 UNCITRAL Transparency Rules to the arbitration (Article 50.1), in which the party autonomy concerning transparency gets full respect. 3. Improving the efficiency of arbitral…
…circumstances where setting aside of an award is preventable. These two remedies available under Article 34(4) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) are thus mutually…
Since the annexation of Crimea by the Russian Federation in 2014, a substantial number of investment claims, in particular expropriation claims, have been raised by Ukrainian nationals against the Russian…
…general, and in some Latin American countries, in particular, such as changes in some legislations confirming the tendency to continue adopting the UNCITRAL Model Law in a greater number of…
…the UNCITRAL Model Law, with a number of significant enhancements relating to the confidentiality of proceedings, the joinder of third parties, and the waiver of the right to bring an…
…the BIBC, for instance, will be based on the UNCITRAL Model Law on International Commercial Arbitration, thus offering many features traditionally associated with arbitration. Costs As regards the costs of…
…a reasonable tribunal hearing all evidence could find validity”. He submits that this fits the deferential approach courts should adopt, pursuant to the UNCITRAL Model Law and New York Convention….
