…would “increas[e] the risk of blocking potentially legitimate claims”.1) South American Silver Limited (Bermuda) v Bolivia (UNCITRAL), Procedural Order No. 10, 11 January 2016, paragraphs 75 to 77. The SIAC…
…Arbitration Law to the procedure, which entails relevant differences in relation to the UNCITRAL Model Law (largely adopted in Latin American countries). The main differences are: (i) no ad hoc…
…environmental counterclaim was ultimately dismissed for non-observance of the procedural requirements set forth under Article 20 and 21 of the UNCITRAL Arbitration Rules governing the proceeding(§§744-747). Also, the tribunal noted…
…Court of Appeal dealt with four issues: First, it held that where a dispute fell outside the scope of an arbitration clause, then Article 34(2)(a)(iii) of the UNCITRAL Model Law…
…tribunal’s preliminary ruling on jurisdiction under Article 16 of the UNCITRAL Model Law precluded that party from applying to set aside the merits award on the jurisdictional grounds which could…
…UNCITRAL Model Law on International Arbitration, in which the Brazilian Arbitration Act was inspired, does not impose a specific way when it comes to the required form of the arbitration…
…New Arbitration Law, based on the UNCITRAL Model Law, by Royal Decree No. M/34 of 16 April 2012 concerning the approval of the Law of Arbitration (the “Arbitration Law”), which…
…shoulders’ above litigation when it comes to procedural reform because it is broadly responsive to the needs of users and not so much affected or delayed by political issues. The…
…continue to reflect the influence that the UNCITRAL Model Law also had on the 1999 Act, while the Swedish Act retains its current approach and unique features. This short post…
…these questions, Sir Greenwood helpfully outlined the four major criticisms against ISA and provided suggestions for reform. While acknowledging that the future of ISA is “much more open to question”,…
…a party to the New York Convention or does not incorporate the UNCITRAL Model Law? Where CAJAC is mandated to administer a matter in a chosen seat which is not…
…the UAE Arbitration Law is largely modelled on the UNCITRAL Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law of 1985 and…
…with the provisions of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Although the Model Law does not provide any recourse against interim orders, it lays down the…
…happen because the parties must expressly agree to adopt ex aequo et bono for the principle to be applied under the UNCITRAL Model Law. Article 28(3) states that ‘[t]he arbitral…
…late in Asia to adopt the 1985 Model Law, and the Japanese Arbitration Law has still not officially adopted any of the 2006 amendments to the Model Law.3)https://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration_status.html However, most…
…v Ukraine and the recent reform of Ukrainian legislation” https://academic.oup.com/arbitration/article/34/2/307/5033005 (accessed on 7 November 2018) On the other hand, both AQZ and Noble Resources involved EP under the SIAC Rules….
…with UNCITRAL Arbitration Rules and the Arbitration Institute of the Stockholm Chamber of Commerce Arbitration Rules (SCC Rules) shows that the amended rules will allow ICSID to catch up with…
…illustrative of this phenomenon. This moral hazard is also observed in host governments. In the presence of PRI coverage, they have lesser incentive to reform their markets and economy for…
…regulating domestic and international arbitration, an inspiration from the UNCITRAL Model Law. Although traditional litigation is still the preferred method of resolving disputes nationwide, despite an overly burdensome caseload beset…
…Russia, UNCITRAL, PCA Case No. 2017-16 (commenced in 2016); Oschadbank v. Russia, UNCITRAL (commenced in 2016); Aeroport Belbek LLC and Mr. Igor Valerievich Kolomoisky v. Russia, UNCITRAL, PCA Case No….
…34(1) English Arbitration Act, Art.1494 & 1460 French New Code of Civil Procedure, Art.15(a) Revised Uniform Arbitration Act, Art.15(1) UNCITRAL Arbitration Rules, Art.15(1) ICC Rules, and in Art.14(1) LCIA Rules….
…has delivered further benefits that were not part of the “original promise”. These include an aptitude for procedural reform and adaptation that cannot be matched by national systems of litigation,…
…fourteen years after the Executive first sent a draft bill to Congress to regulate arbitration. The Arbitration Act largely incorporates the 1985 UNCITRAL Model Law on International Commercial Arbitration and…
…be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the ISA, unless the parties…
