…These discussions will continue into 2019, giving both countries an opportunity for continued consideration of whether reform to investor-State arbitration is desirable and, if so, what reform might be necessary….
…Construction v. Libya case brought by a UAE-based company under the terms of the OIC Agreement. In its reasoning, the PCA imported the UNCITRAL Arbitration Rules4) 1976 UNCITRAL Rules, Art….
Very rarely would a single arbitration-related decision produce as significant an impact as the judgment of the Court of Justice of European Union (“EU” and “CJEU” respectively) in the Achmea…
…NAFTA arbitrations show. When the Pope & Talbot Inc. v. Canada (“Pope & Talbot”) arbitration6)Pope & Talbot Inc. v. Government of Canada (“Pope & Talbot”), UNCITRAL (NAFTA), Award in Respect…
…Agreement provides that contractual disputes should be referred to ICDR for arbitration and UNCITRAL Arbitration Rules should apply. The seat of arbitration should be New York. Thereby, the Court concluded…
…International Commercial Contracts (1), Lex Mercatoria (1), “International Customary Law” (1), UNCITRAL Law (1) and the ICC Incoterms (1). On the other hand, there are precedents from ICSID annulment committees…
…mediated settlements at the end of the UNCITRAL Working Group II’s 62nd Session in New York, in July 2014. (Ecuador was the first country to endorse the USA’s proposal when…
…Framework In Brazil, arbitration is governed by Law 9.307, which came into force in 1996. The Brazilian Arbitration Act (hereafter BAA) is partially based on the UNCITRAL Model Law and…
…20 and 58 of the Swiss Federal Tribunal Act). In both cases, the majority decided to uphold the decisions in the relevant UNCITRAL arbitrations that favored investment protection, with a…
…There is another procedural reform that we find both provocative and intellectually stimulating. We propose one significant change for appointment and composition of arbitral tribunals. In an arbitration with three…
…Emmanuel Macron, France 2. The “Singapore Convention” for the enforcement of mediated settlements was introduced at the 2014 UNCITRAL Working Group II session by which country? a. Singapore b….
…the UNCITRAL glass houses in New York and Vienna, the Commission has been testing the idea of replacing ISDS with a multilateral investment court (MIC) with appeal tribunal on a…
Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (investment) law…
…SEAM based its annulment application on article 40(b) of the Paraguayan Arbitration Act (the “PAA”), which has its origin in article 34(b) of the UNCITRAL Model Law, and article V(2)…
Arbitration in Argentina is finally finding its way to certainty. On 4 July of this year, Argentina passed the International Commercial Arbitration Act, based on the UNCITRAL Model Law. Furthermore,…
…Prohibited in Public Private Partnership (“PPP”) Agreements Notwithstanding the pending cases brought against the country due to the 2017 legislative reform, in September this year, the government made another significant…
…discussions in the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform, in New York and Vienna, and the latest Free Trade Agreements signed by the EU; and a proactive…
…International Centre for Dispute Resolution, the International Chamber of Commerce, or UNCITRAL. Even more notable is the large degree of variation in each of the central elements of the scope…
…Neither law is based on the UNCITRAL Model Law. Kuwait does however have a strong history of supporting international arbitration, being the first GCC state to participate in the New…
…Shin highlighted changes in the area reflected in recent EU treaties, reform focus of UNCITRAL through its Working Groups, and recent amendments proposed by ICSID. He then invited the panelists…
…bringing the standard in line with that of the UNCITRAL Model Law. Article 10(4) of the UAE Arbitration Law states that anything likely to give rise to doubts in relation…
…the New Arbitration Law highlighted and discussed during the week were: International best practice and standards. The new Arbitration Law is broadly based on the UNCITRAL Model Law on International…
…of the ECT for 20 years after that date. Moreover, even without Brexit, there is uncertainty regarding ECT claims in future. Consultation on the reform of the ECT is currently…
…current trends in Europe/the United States versus Latin America Lessons learnt from the first wave of calls for ISDS reform in the LATAM Region Alvaro Galindo commented there was a…
