Intra-EU Disputes under the Energy Charter Treaty: Quo Vadis?
…discussed in previous posts, and comes at a time when efforts by the European Commission to reform the ECT are garnering widespread strength. The LBBW Case The LBBW case…
Search Results for: UNCITRAL reform
Arbitration institution, Arbitration Institutions and Rules, International arbitration, Interview, Interviews with Our Editors, Iran, TRAC
Interviews with Our Editors: Perspectives on Arbitration in Iran from Oveis Rezvanian, Director of the Tehran Regional Arbitration Centre
…so far with expedite arbitration under the new arbitration rules at TRAC? TRAC Rules 2018 are based on the 2010 UNCITRAL Arbitration Rules , with some modifications to make them…
Arbitrability of IPR Disputes in India: 34(2)(B) or Not to Be
…identical to Article 34(2)(b)(i) of the UNCITRAL Model Law. It stipulates that awards contemplating a non-arbitrable subject matter may be set aside. The Supreme Court first shed light on the…
It’s a Beautiful Day in the Neighborhood? An Overview of Arbitration Law in the U.S. and Canada
…federal government has not adopted the UNCITRAL Model Law, but federal courts have interpreted the FAA consistently with the UNCITRAL Model Law. But where underlying transactions take place completely within…
Resolving Disputes Amidst Japan-Korea Trade and Investment Tensions: Part I
…commence UNCITRAL Rules (ad hoc) arbitration against Korea. It usefully adds an expedited procedure for submissions, hearings, and drafting of the arbitral award, but envisages first “consultations” without specifying any…
Resolving Disputes Amidst Japan-Korea Trade and Investment Tensions: Part II
…legal advisors to reduce costs and other “institutional barriers” to pursuing formal dispute resolution procedures. Nissan’s UNCITRAL Arbitration Rules claim in 2017 under the India-Japan FTA is even bolder, as…
Are the Prague Rules Suitable for Investment Arbitration?
…from a civil law state they would be capable of meeting the expectations of the parties. Moreover, the work of the UNCITRAL Working Group III and the amendment process of…
Arbitral Award, Arbitral seat, Arbitral Tribunal, Hungary, Set aside an arbitral award, Set aside an international arbitral award
Is There Finally a (Partial) Solution to the 2017 Hungarian Arbitration Act’s Controversial Requirement that Arbitrators Reimburse Fees If the Award is Set Aside?
…July 2018. Hungary’s newly adopted Arbitration Act (Act No. LX of 2017, hereafter the “2017 Arbitration Act”) is based on the UNCITRAL Model Law as amended in 2006 and governs…
Arbitration, Commercial Arbitration, Commercial Law, English Law, Hybrid arbitration clause, Insolvency, party-appointed, Portugal, Romania, Switzerland, Third party funding
Take-aways from the National Conference on Commercial and Arbitration Law in Cluj-Napoca, Romania
…how to reshape the existing law in a future law reform. References[+] References ↑1 Syska v Vivendi Universal SA & Ors, 2 October 2008, [2008] EWHC 2155 (Comm); Syska &…
Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Emergency Application, Emergency Arbitrator, ICC, ICC Arbitration, ICC Rules, Injunction, interim relief, International arbitration
Flexibility at the Expense of Certainty? Six Years of the ICC Emergency Arbitrator Procedures
…these issues, EAs variously made reference to general “international arbitration practice”, the lex arbitri and international guidance such as the UNCITRAL Model Law of 2006. From the above it can…
Africa, Appointment of arbitrators, Arbitral seat, Arbitration, Arbitration Awards, Interviews with Our Editors, Nigeria
Interviews with Our Editors: Insights from Adedoyin Rhodes-Vivour, Doyin Rhodes-Vivour & Co, Nigeria
…introduce? The current Federal Arbitration Statute is based on the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules. Nigeria was the first country in Africa to adopt the 1985…
Achmea, Bosnia and Herzegovina, Treaty, Uncategorized, VCLT, Vienna Convention on the Law of Treaties
Post-Achmea Winds of Change: Opportunities and Perspectives for Bosnia and Herzegovina
…are aspiring EU member states, and as such, they have been involved in comprehensive reform processes aimed at harmonizing their legislative and political framework with the acquis communautaire. The ISDS…
The Effect of Australia’s Approach to Construing the Scope of an Arbitral Clause
…the Fiona Trust approach ‘may not assume so much importance for courts in the future’ as arbitral clauses stated in wider terms (such as the UNCITRAL Arbitration Clause) are increasingly…
CIAMA: A Specialist Maritime and Air Arbitration Centre for the MENA Region
…use of arbitration, with the most recent reform enacted by Law n° 08-05.3)Promulgated by Royal Decree No. 1-07-169 of 30 November 2007 and published in the Bulletin Officiel du Royaume…
Recent Clauses Pertaining to Environmental, Labor and Human Rights in Investment Agreements: Laudable Success or Disappointing Failure?
…that in order for the reform however to see its full potential, the most straightforward formulation for such a provision aims at: addressing investors directly; imposing upon them obligations rather…
Interviews with Our Editors: Perspectives on Alternative Dispute Resolution from Karima Sauma, Executive Director of CICA – AmCham Costa Rica
…on the 2006 UNCITRAL Model Law and available in English here). How has this development impacted CICA’s workload? The adoption of this Law marked a turning point for arbitration in…
The Prague Rules: A Soft Law Solution to Due Process Paranoia?
…and costs in arbitral proceedings. Institutions like the UNCITRAL (Notes on Organising Arbitral Proceedings), the ICC (Appendix IV of the ICC Arbitration Rules 2017) and the College of Commercial Arbitrators…
Arbitrating Business and Human Rights Disputes: Public Consultation on the Draft Hague Rules on Business and Human Rights Arbitration
…for public consultation between 21 June-25 August 2019. The Rules are based on the 2013 UNCITRAL Arbitration Rules and adapted to the unique features of business human rights disputes. Some…
Young ICCA Workshop in Bishkek, Kyrgyzstan: A Northeast and Southeast Asia Perspective
…Arbitration (First Edition) Published by Global Legal Group. the Kyrgyz Arbitration Law largely contains some elements of the UNCITRAL Model Law on International Commercial Arbitration (the “UNCITRAL Model Law”). However,…
Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Switzerland, Third party funding
Round Table on Arbitration in Belgrade (May 2019): Hot Topics in Our Daily Arbitration Practice
…such an arbitrator would perceive the applicable law from the perspective of his/her own legal system. The Reform of the Swiss Legal Framework on International Arbitration Prof. Dr. Milena…
Singapore Court of Appeal Decision: Does Art. 16(3) Model Law Preclude Setting Aside Proceedings?
Art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) provides that if a tribunal issues a preliminary ruling that it has jurisdiction, a respondent may appeal…
Africa, Arbitral seat, Arbitration, Arbitration Proceedings, BIT, ICSID, ICSID Proceedings, Investment Arbitration, Investment Treaties, Tanzania
Tanzania Faces a New ICSID Claim under the Terminated Netherlands BIT
…arbitration is filed under the UNCITRAL Rules with the Permanent Court of Arbitration administering the dispute. The claim amount is circa USD 30 million. The seat of arbitration is Sweden….
Is Investor-State Arbitration Warming up to Security for Costs?
…imposed (see ICSID Convention Art. 47; ICSID Arbitration Rule 39). The same is true of the ICSID Additional Facility Rules and UNCITRAL Arbitration Rules (see ICSID Additional Facility Arbitration Rule…
Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements
Latin American States, International Arbitration and Trade in Investment Agreements: Quo Vadis?
…the traditional investor-state dispute resolution clause in favour of ICSID arbitration, or ad-hoc arbitration under the UNCITRAL Rules, along with chapters on arbitration of trade disputes and international commercial arbitration…