For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the applicable law in insolvency proceedings. The law governing the effects…
…of the FCPC are obsolete, and require a legislative reform, which may take some time and is not a priority for the French Parliament. Another solution would be for the…
…and Bermuda have enacted modern arbitration legislation modelled on the UNCITRAL International Commercial Arbitration Model Law (“Model Law”). Trinidad & Tobago recently passed legislation based on the Impact Justice Bill,…
In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how…
“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way…
…an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the Bilateral Investment Treaty between Spain…
…parties to settle the whole or part of the case. This wording, which implements the reform proposals of the 1996 Woolf Report, is nothing less than the court’s duty to…
…Law establishes a comprehensive legal framework for commercial arbitration in Libya, taking inspiration from the UNCITRAL Model Law and arbitration laws in neighbouring countries. Until April 2023, commercial arbitrations in…
…and its member states as well as the ongoing discussions of reforming the Investor-State Dispute Settlement (ISDS) mechanism, in particular within UNCITRAL Working Group III, this Report takes stock of…
…adopt to roll back the 2013 constitutional reform that opened the energy sector to private investment. However, although the cases filed under the USCMA mostly pertain to the energy industry,…
…reviews solely to the specific criteria detailed in Section 55, which aligns with Article 34(2) of the 2006 UNCITRAL Model Law and Article V of the New York Convention. It…
…from the Republic of Korea, PRC, and India to share the latest developments in the realm of investor-state disputes. Anna Joubin-Bret (Secretary, UNCITRAL) and Meg Kinnear (Secretary-General, ICSID) also gave…
Readers with antennas tuned to the happenings of the reform process for investor-State dispute settlement at UNCITRAL will know that the topics of damages and causation are on the agenda….
…Review has been covering the work of the UNCITRAL Working Group III on investor-State dispute settlement reforms as well as other recent developments such as the impact of the Paris…
…jurisdiction, specific court action or prescribed procedure can be submitted to arbitration,1)UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration, United Nations Commission on International…
…law which is, so far, silent on the matter. It is however being discussed, as part of the current reform process of the German arbitration law, whether provisions on an…
…the upcoming revision of German arbitration law, the first update in 25 years. This reform signals Germany’s continued commitment to maintaining its arbitration system’s dynamism and relevance in the fast-evolving…
…the following session, guided a tour of developments from across the world. Tafadzwa Pasipanodya (Foley Hoag) described legislative reform across Africa, Asia, and the Middle East, including a refreshed arbitration…
…matter with “deciding the matter?” Article 16(3) of the UNCITRAL Model Law directs a court to “decide the matter” where a party timeously objects to a preliminary ruling of…
…jurisdiction; (2) an arbitration under ICSID; or, (3) an ad hoc arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL”). Consequently, if a treaty…
…ICSID Convention and Rules, UNCITRAL Arbitration Rules, and other arbitral institutions with ISDS arbitration rules (e.g., SIAC). Ms. Lau then shared the criteria that must be satisfied to invoke ISDS…
In 2013, Deutsche Telekom AG (“DT”), a German corporation, commenced an UNCITRAL arbitration in Switzerland under the Germany-India BIT claiming that India had (amongst other things) breached the fair and…
…set aside the Final Award under the Ontario equivalent of Articles 34(2) and 18 of the UNCITRAL Model Law on International Arbitration (the “Model Law”), asserting that the Arbitrator’s failure…
…consider when seeking consolidation. Further, the Draft Rules now permit arbitrations administered by SIAC, but under different arbitral rules (e.g., SIAC Rules and UNCITRAL Rules) or different iterations of the…
