…the international arbitration framework, has adopted the most recent trends including Law 1563 of 2012, which is by and large based in the UNCITRAL Model Law. As such, the grounds…
…be earned by probity and experience. Where parties have long experience and an established relationship, they can be more readily trusted to resolve disputes by the avowedly flexible UNCITRAL Rules,…
…other areas. 4.2. Multilateral Investment Court and State of Play of the ISDS Reform Negotiations Within UNCITRAL Andre von Walter observed that the EU’s reform ideas have been channeled in…
At the heart of the debate surrounding Investor-State Dispute Settlement (ISDS) Reform is UNCITRAL Working Group (WG) III. Until two years ago, WG III was dedicated to discussing issues surrounding…
…on the proposed reforms here. In parallel, UNCITRAL has tasked its Working Group III to study ISDS reform. Anna Joubin-Bret, Director of the International Trade Law Division at UNCITRAL, reported…
…turned the approach towards arbitration clauses to a sensible angle. The Court analyzed provisions of the Law of Georgia on Arbitration (which is based on the UNCITRAL Model Law) vis-a-vis…
…Act has been to incorporate the UNCITRAL Model Law as the cornerstone of the international arbitration regime in South Africa. The South African Arbitration Act 42 of 1965 remains applicable…
…case was an ad hoc UNCITRAL arbitration under Argentina-UK BIT (AWG Group Ltd. v. The Argentine Republic (“AWG”)). This post will focus on the three ICSID committees’ annulment decisions and…
…UNCITRAL Model Law on International Commercial Arbitration, which has been adopted by numerous states around the world, likewise provides that an arbitral award may be refused recognition and enforcement if…
…expected, the focal topics were the ISDS reform, the EU proposal for Multilateral Investment Court (“MIC”), and the way forward. The MIC proposal was the subject-matter of the Keynote Speech…
…confirmed in the decision 4A_65/2018 of 11 December 2018, published on 27 December 2018, concerning an investor-state dispute brought before a tribunal under the UNCITRAL Arbitration Rules. Before the Supreme…
…company, rendered under the UNCITRAL Arbitration Rules by a tribunal seated in Paris. With reference to article III of the New York Convention, the Supreme Court held that, for attachment…
…Rules, is to provide a range of arbitration rules to support the potential needs of different businesses.2)JCAA background document: “Reform of the JCAA Arbitrations Rules: Three Sets of Rules in…
…transparency to limit confidentiality and privacy as UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, available here (“Transparency Rules”) (see Art. 8.36 CETA and Art. 3.46 EUVIPA). Confidentiality is pertaining…
…Member States and Convention signatories.The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration is another typical example of their important contribution. Mauritius, the first State to have signed and ratified…
…Civil Procedures Law. The key features of the New Arbitration Law are that it is largely based on the UNCITRAL Model Law on International Commercial Arbitration, it recognises the doctrine…
…reform, such as the creation of specialised arbitral tribunals or the creation of free zone jurisdictions. For others, a wind of change could be seen as any element that shapes…
…our authors discussed Argentina’s decision to adopt the UNCITRAL Model Law with some modifications. For example, the Argentinian Arbitration Act takes a conservative approach in terms of the form of…
…etc. While arbitration practitioners are actively tackling many areas of reform, the majority of these denunciations appear, for the most part, biased and overly simplistic. Yet, these critiques have pervaded…
…refer their disputes to conciliation using the UNCITRAL Conciliation Rules. But the New Act does not stop at mere adoption of the UNCITRAL texts and modernisation of the old regime….
…Working Group III of UNCITRAL on the ISDS Reform), as inappropriate for disputes involving States because of their alleged lack of transparency, legitimacy, consistency as well as the absence of…
…and adapt is as persistent as ever. While the ICC may have been the only major institution with a presence in Europe to reform its arbitration rules in line with…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…the ground of Article 34(2)(ii) UNCITRAL Model Law or unenforceable on the grounds of 36(a)(ii) UNCITRAL Model Law and Article V(1)(b) NY Convention. Careful considerations should be given when drafting…
