…future developments of this institution are set out below. Key Features of the New ACIC Rules: Points of Convergence with the UNCITRAL Model Law To substantial extent, the ACIC…
…on this initiative for the establishment of a permanent court and its applicability to the ECT? UNCITRAL WG III had already started discussions on Investor-State Dispute Settlement reform in 2017,…
…to reform arbitration provisions in investment treaties. The same lack of engagement in the United Nations Commission on International Trade Law (UNCITRAL) is also surprising, given our country’s broader interests…
…reform contained in the RDL 17/2019 would be capable of changing the current tendency. Despite certain challenges examined herein, this legislative measure could be a game-changer for both the foreign…
…law that is significantly reliant on the UNCITRAL model came into force. Amongst other changes, the revised law adopts a mechanism to resolve impasses in arbitrator appointments in multi-party arbitration,…
…legitimacy and capacity concerns affecting ISDS. While these concerns are also currently under the scrutiny of the UNCITRAL Working Group III, Dr. Kane highlighted that the reform proposal for the…
…overall, it seems likely that the ongoing reform discussions at UNCITRAL will shape the future of ISDS. Very likely, future discussions will also involve a reform of substantive laws. …
…in their supply chains and development projects.” “What” … about the rules The Rules are based on the UNCITRAL Arbitration Rules. The Rules are also accompanied by elaborate commentary….
…Halliburton v. Chubb Bermuda Insurance, which is now under review by the UK Supreme Court. For next year, we still expect significant developments in ISDS, with the UNCITRAL Working Group…
…based on the UNCITRAL Arbitration Rules, which lack the innovative features of the MARC Rules – such as an emergency arbitrator procedure, a small-claims expedited procedure, and the disclosure of…
…Binh v Vietnam finally came to an end. As covered in this Blog post, on 10 April 2019, an UNCITRAL arbitral tribunal established pursuant to the 1994 Vietnam-Netherlands Bilateral Investment…
…takes, on average, about 11 months (7.2 months in the 1st instance and 3.5 months in the 2nd instance). The Reform Makes Litigation More Expensive and Procedurally Challenging Those…
…Colombia has tried to build its reputation as a pro-arbitration jurisdiction. The country implemented the UNCITRAL Model Law and the New York Convention some years ago and all applications for…
…Zambian courts would be procedurally incorrect, as the KCM shareholders’ agreement contained an arbitration clause. Accordingly, Vedanta initiated UNCITRAL arbitration proceedings seated in South Africa against ZCCM, while also filing…
…is a modern arbitration law inspired by the UNCITRAL Model Law. As Erica Stein and David L Attanasio rightly put it, “the problem in its (the Court) decision-making is that…
…was ratified in 1994. The enactment of the 2003 Spanish Arbitration Act turned Spain into a genuine UNCITRAL Model Law country, thus paving the way for the consolidation of Spain…
…UAE: Onshore v. Offshore Each free zone has adopted its own arbitration law, the 2008 DIFC Arbitration Law and the 2015 ADGM Arbitration Regulations, each modeled on the UNCITRAL Model…
…ethical rules. The incentives for ethics enforcement bodies is essentially maximum payoff with minimum effort. There is understandably little appetite for extensive reform because it is not even clear how…
The 98th Annual Meeting of the American Branch of the International Law Association (“ABILA”), known as ABILA’s International Law Weekend (“ILW”), took place in New York City on 10 –…
…in March/April 2020 will focus on counterclaims, dispute prevention and the reform instruments. Without doubt, the discussion under UNCITRAL Working Group III represents a welcomed effort to improve the system…
…also points to significant differences between UNCITRAL and ICSID practices. The UNCITRAL tribunals granted or partially granted investors’ requests for provisional measures in more than 70% of cases and the…
The growing public interest in investment treaties and investor-State dispute settlement has prompted an increasing number of States to open to public view aspects of investment treaty negotiations. During the…
…new regime. The new code also provides for the establishment of a dedicated Investment Promotion Agency, aimed at streamlining investment procedures. The Government believes that the reform will strike the…
…Convergence’ In 2014, the United Nations Commission on International Trade Law (‘UNCITRAL’) first considered a proposal for the development of a multilateral convention on the enforceability of international commercial settlement…
