ICSID and Open Justice: Two Steps Forward, One Step Back
The ICSID reform bells are ringing. ICSID has long been working on its latest rule amendment project, intent on modernising, simplifying and streamlining the ICSID rules also in light of…
Search Results for: UNCITRAL reform
Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela
Salient Features of the Colombian Constitutional Court’s Review of Awards in International Arbitrations
…adopted the UNCITRAL Model Law on International Commercial Arbitration with the amendments contained in its 2006 review. Pursuant to the Colombian Constitution, the tutela, in turn, has a residual character,…
The Contents of Journal of International Arbitration, Volume 36, Issue 6, 2019
…Gabriel Onovo, Re-examining the Legal Basis for the Co-existence of Federal and State Arbitration Laws in Nigeria The National Committee on the Reform and Harmonisation of Arbitration and ADR Laws…
Arbitration institution, Belt Road Initiative, Central Asia, Interview, Interviews with Our Editors, Technology, Uzbekistan
Interviews with Our Editors: Highlighting an Emerging Regional Hub with Ms. Diana Bayzakova, Director of the Tashkent International Arbitration Centre (TIAC)
…thoughts about the future of international arbitration in Uzbekistan and, more broadly, in Central Asia? Uzbekistan is willing to become an UNCITRAL model law country, which is an important milestone…
Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, France, International arbitration
Stay of Enforcement in France: How Restrictive is the Paris Court of Appeal?
…such enforcement is “susceptible to severely prejudice the rights of a party” (Article 1526(2) of the CCP). Introduced by the 2011 French reform on arbitration, this provision is aimed at…
Arbitration, Belgium, CEPANI, Dispute Settlement, Expert evidence, Experts, UNCITRAL, UNCITRAL Arbitration Rules
CEPANI Celebrates Golden Anniversary with Three Days of Events and a New Set of Arbitration Rules
…the UNCITRAL Model Law on Arbitration as Part VI of the Belgian Judiciary Code in 2013. Since a number of years, CEPANI further actively participates as an observer in UNCITRAL’s…
Accountability, Dispute Resolution, Exhaustion of Local Remedies, Investor-State arbitration, Pakistan, Prevention
Pakistan’s Woes with Foreign Investors – Ways to Prevent the Tethyan Saga
…seeking to reform their domestic policies to attract, facilitate and retain sustainable FDI that contributes to local economic and non-economic development. Identify irritants from the start First, the GOP…
The U.S. Law of Arbitration: From 1925 to 2019
…contention between the ‘haves’ and ‘have-nots’ cooled the attention given to judicial reform through private contract. While a majority could still be constituted in favor of arbitration, opposing political persuasions…
Perenco v Ecuador: An Example of a “Lengthy, Complex, Multi-faceted, Hard Fought and Very Expensive” Investment Arbitration?
…UNCITRAL Arbitration Rules, Rule 34(a) of the ICSID Arbitration Rules), as well as the IBA Rules on the Taking of Evidence provide for this alternative and have guidelines for tribunal-appointed…
Local v. International Standards for Granting Emergency Interim Relief: A Page from SIAC’s New Delhi Summit 2019
…the breakdown of “international standards”. One view is to apply the standards as set forth under the UNCITRAL Model Law (with amendments as adopted in 2006). In this regard, it…
To Insure or Not to Insure: Should Arbitrators Be Obliged to Insure Their Civil Liability?
…more careful analysis shows that it should not be too surprising. In fact, most of arbitration laws do not regulate arbitrator’s liability at all. For example, even the UNCITRAL Model…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland
Case Management in Arbitration: A View from Poland
…international organizations such as Arbitration Committee of IBA, ICCA, UNCITRAL, the Chartered Institute of Arbitrators or international arbitration courts. Management of the arbitral proceedings lays at the very center of…
Does Signing an International Treaty Impliedly Waive Sovereign Immunity in the U.S. under the FSIA?
…Ukraine under the Russia-Ukraine Bilateral Investment Treaty (the “Russia-Ukraine BIT”). An UNCITRAL arbitral tribunal in Paris awarded Tatneft $112,000,000 in damages plus interest against Ukraine for violating its obligations under…
Awards, England, English Arbitration Act, English courts, Procedural Order, Set aside an arbitral award
Procedural Orders or Challengeable Awards? The English High Court Clarifies Its Position
…the Act (nor is it in other leading instruments such as the New York Convention and the UNCITRAL Model Law). Nonetheless, it will usually be quite clear whether a decision…
DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America
New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For Cases Where A Dual Nationals-Related Provision Is Not Incorporated In The Relevant Treaty?
…UNCITRAL Rules, the nationality requirement must be fulfilled, first, at the moment the notice of arbitration along with the statement of claim is received by the respondent and, second, at…
Does Investment Arbitration Threaten the Effectiveness and Integrity of EU Bank Resolution?
…later consolidated and are now being heard by a single arbitral tribunal operating under the UNCITRAL Arbitration Rules 2013. The case, Antonio del Valle Ruiz et al. v. Kingdom of…
Africa, Arbitral seat, Arbitral Tribunal, Availability of arbitrators, Conference, Dispute Resolution
Watch Out, Africa is Here! – The East African International Arbitration Conference 2019
…The Chief Justice of Kenya and keynote speaker, the Honourable David Maraga, highlighted that arbitration in Africa has benefited from the adoption of the UNCITRAL Model Arbitration Law by African…
From Trinh Vinh Binh to EUVIPA: Vietnam’s Meritorious Step towards Transparency in ISDS
…adopts many key provisions of the UNCITRAL Transparency Rules. Conclusion As noted in a previous post, both UNCITRAL Transparency Rules and Convention were born as a response to the…
Hong Kong Arbitration Week Recap: The Future of Arbitration in Hong Kong
…in its eighth year, the ISDS Reform Conference earlier this year and the ICCA Congress coming up in 2022. A significant recent development is the Mutual Arrangement on Interim Measures…
UNCITRAL and Investment Arbitration Reform: A Little More Action
…as loss of fees. The UNCITRAL Secretariat will now proceed to develop a proposal in collaboration with ICSID. 4. Third-party funding The final topic for reform was third-party funding….
Interviews with Our Editors: In Conversation with Joe Liu of Hong Kong International Arbitration Centre
…in arbitration? I started my career at the Singapore International Arbitration Centre (“SIAC”) where I administered cases under the SIAC Rules or UNCITRAL Rules. I then did a legal internship…
Arbitral Award, Arbitrators, conflict of interest, Enforceability, Experts, Germany, Independence and Impartiality
The Consequences of the Non-Disclosure of Conflict of Interest on the Enforceability of Awards: The German Stance
Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one…
Advisory Centre, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, Working Group III
The case for an Advisory Centre on International Investment Law
In his post of 30 August 2019, Pablo Pérez-Salido discussed the proposal at UNCITRAL’s Working Group III for the establishment of an Advisory Centre on International Investment Law (ACIIL). This…
The Contents of the ASA Bulletin, Volume 37, Issue 3 (September 2019)
…25th anniversary of the enactment of the Egyptian Arbitration Law no. 27/1994 modelled after the UNCITRAL Model Arbitration Law. In celebration of this special occasion, Ibrahim SHEHATA shares recent developments…