…Mexican Energetic Reform (2013) has impacted the company to enhance its competitiveness in a free market arena, private investments in energy projects, as well as the introduction of arbitration clauses,…
…ending. Decades ago, when California enacted an international arbitration law based on the UNCITRAL Model Law, Andre Brunel noted in the Texas International Law Journal that “California hope[d] to become…
…on confidentiality First reform In 2010, the Australian legislature recognised that confidentiality was one of the significant attractions of arbitration. Citing Esso, Parliament considered that, while the Australian common law…
…Law (hereinafter, “ICAL”) mostly adopts the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), as amended in 2006, with some minor differences, most of them of non-substantial nature….
…is rather very fragmented – with judges having vast powers to interpret its text in various ways, and this leads to legal uncertainty. This dialogue might lead to UNCITRAL creating…
Investor-state tribunals frequently face allegations of economic crimes, especially in jurisdictions with a weak rule of law. For instance, the largest ever investor–State award of $50 billion in Yukos v…
…22, 2012, the United States implemented a law which impacts thousands of companies globally: section 1502 of the U.S. Dodd-Frank Wall Street Reform Act (“DF 1502”). The statute for the…
…on International Trade Law entrusted the Working Group III (the Working Group) with a broad mandate to work on the possible reform of the ISDS framework. The Working Group is…
…addition, an investor may choose to submit a claim under the ICSID or UNCITRAL Rules, both of which contemplate host State counterclaims.[17]The requirement under Article 46 of the ICSID Convention…
…Review, Vol. 78, p. 101 (2009). Building on a growing body of empirical cross-jurisdictional research examining ADR reform and policy8) See: Steffek, F., et al. (2014). Regulating Dispute Resolution: ADR…
…Arbitration Rules; (iii) the mandate of the UNCITRAL Working Group III (Investor-State Dispute Settlement Reform) in assessing the concerns with the ISDS system and in finding possible solutions to address…
…Switzerland and countries that have modelled their national laws after the UNCITRAL Model law International Commercial Arbitration do not allow appeal on international arbitral awards on the point of law….
…the UNCITRAL Model Law as amended in 2006, the New Act brought significant changes to the provisions applicable to Hungarian commercial arbitration. It notably introduced the possibility for State courts…
…and reform of the system is underway. On 6 March of this year, the Court of Justice of the European Union (the “CJEU”) rendered its judgment in Case C-284/16 Slowakische…
…attempt at instituting such a law since acceding to the New York Convention in 2006 and is said to be modeled on the UNCITRAL Model Law on International Commercial Arbitration….
…into the discourse on arbitrator diversity would be a step forward. But we can do even more to reform the arbitrator appointment process. First, any reforms must be empirically based….
…are increasing the pressure to “reform” or “re-balance” the ECT provisions. In that context, one could expect that the EU and EU Member States might issue a declaration containing a…
…is considered an effort by the SPC to provide effective judicial protection for the “Belt and Road” initiative, and to reform China’s international dispute resolution system. In this article, I…
…the second, Corinne Montineri and Judith Knieper of UNCITRAL gave an overview of ISDS Reform starting with the UNCITRAL Transparency Standards and continuing with the Working Group III mandate to…
…Republic of Argentina, UNCITRAL, Award (Dec. 24, 2007), ¶¶ 292-310; Plama Consortium Ltd v Republic of Bulgaria, ICSID Case No. ARB/03/24, Award (Aug. 27, 2008), ¶ 219; Continental Casualty Co…
…Ltd v Ghana Investments Centre and the Government of Ghana (UNCITRAL) Award on Jurisdiction and Liability, 27 October 1989, 95 ILR 184 (Biloune); Cambodia Power Company v Kingdom of Cambodia…
…in English (notices and submissions, evidence, hearings, judgments, etc.); the procedure will be based on the UNCITRAL Model Law on international arbitration; the cases will be heard by ad hoc…
What Is the Future of the New York Convention as a Primary Means for Enforcement of Arbitral Awards Across the Globe? Is There Any Future at All?1)UNCITRAL will be having…
…even UNCITRAL, ICC etc. Application of IBA Guidelines In the case of Vivendi, the arbitrator was challenged on account of a connection between his law firm and a party. The…
