…to arbitration in the context of the reform of the Brazilian Labor Code and the rumors about the extinction of specialized Labor Courts. Afterwards, Ronaldo Vasconcelos, César Augusto Martins Carnaúba,…
…Opinion gives a boost for the European Commission’s efforts to promote its idea of a MIC, which is currently discussed in UNCITRAL Working Group III. However, at the last meeting…
…position itself as an important, relevant and predictable hub for Latin American arbitrations. The new Argentine international commercial arbitration law – based on the UNCITRAL Model Law and its 2006…
…Mc Dermott Will and Emery, Paris) and Jalal El Ahdab (Bird & Bird, Paris, and also the current UNCITRAL Delegate for Lebanon). The CIMAC rules of arbitration embody the clarity…
…(ICSID Case No. ARB/03/9), and National Grid plc v. the Argentine Republic (case under UNCITRAL rules) . The arbitral awards in these cases had established various compensation amounts in favor…
…best to look at Uzbekistan’s track record since it began to engage in reform and modernization following Karimov’s death in 2016. As a historic and modern regional hub it is…
…arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration (lightly amended) in ways that…
…the need for continued reform efforts. “Joining ICSID is part of a series of actions that the government of Djibouti has undertaken to transform the business and investment environment in…
…June 2018, the long awaited UAE Federal Arbitration Law (Law No. 6 of 2018) (the “Federal Arbitration Law“), largely based on the UNCITRAL Model Law, entered into force repealing the…
…of the UNCITRAL Model Law); (ii) the narrowing of the grounds for setting aside an arbitral award; and (iii) the removal of the so-called “quick-draw” mechanism. These technical changes have…
…the tribunal has to take into consideration the efficiency of the proceeding and judicial economy. ‘Old-generation’ BITs do not explicitly address counterclaims. However, both UNCITRAL Rules (Art. 21) and the…
…raised by the Bill. Postscript – the Process for Appointing Arbitrators The reform process did allow Parliament to reform one particularly unfortunate provision of New Zealand’s former arbitration law. As…
…from the UNCITRAL Model Law on International Commercial Arbitration of 1985.2) See Nilsson/Andersson in: Franke/Magnusson/Ragnwaldh/Wallin, International Arbitration in Sweden, 2013, chapter 1, paras. 20-21, 39. The SAA 1999 remains applicable…
…an arbitration act fully consistent with current internationally-recognized standards embedded in the UNCITRAL Model Law on International Commercial Arbitration (1985; with amendments adopted in 2006; “UNCITRAL Model Law”). Enacted in…
…its direct application of English common law, the ability to use English language to conduct proceedings in the ADGM Courts, and its enhanced adoption of the UNCITRAL Model Law on…
…the ongoing conversation around ISDS reforms. Andrea Bjorklund, McGill University, looked at the development of such reform in the UNCITRAL Working Group III, in the light of the EU proposal…
…UNCITRAL Model Law on International Commercial Arbitration. Within that framework, the recognition and enforcement of foreign arbitral awards and actual enforcement of recognized awards are two distinct stages of proceedings….
…Disputes (ICSID), the most comprehensive one up to date; (iii) the mandate of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (Investor-State Dispute Settlement Reform) in…
…brought to the system. USMCA is only an illustration of a change that is taking place over the world. For instance, UNCITRAL is working on the reform of investor-state dispute…
…appellate body. The EU ultimately aims to replace the bilateral investment courts of each FTA by a single multilateral investment court (“MIC”). International negotiations are currently ongoing at UNCITRAL Working…
…primarily formulated to address the facilitative arbitration services, upon parties’ request in ad hoc arbitrations, in addition to those that are available under the UNCITRAL Arbitration Rules. Construction related…
…before claims can be submitted to a number of fora including arbitration under the ICSID Convention, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules or such other rules that the disputing…
…of cross-border litigation. (See Born & Butler – UNCITRAL) However, regarding (international) arbitration, unfortunately, there are also significant disparities amongst the 53 countries in their legal frameworks for international commercial…
…that indicated that they might become States to watch in respect of future reforms to the investment arbitration regime. Both States have thus-far exhibited ambivalent approaches to reform. Despite potential…
