The Contents of b-Arbitra, Issue 2017-2
…in 2017 as a collaboration between UNCITRAL, Shearman & Sterling and the Columbia Law School. We wish you excellent and stimulating reading and we always welcome further views, exchanges and…
Search Results for: UNCITRAL reform
Arbitration Seated in India? It is Time to Enforce Your Award!
The Indian Parliament passed the Indian Arbitration & Conciliation (Amendment) Act, 2015 (“Amendment Act”) in a bid to refresh and reform the existing arbitration regime under the existing Arbitration Act….
Hearings, Investment Arbitration, Supreme Court, Transparency, Transparency in investment arbitrations
Transparency, Legitimacy, and Investor-State Dispute Settlement: What Can We Learn from the Streaming of Hearings?
…New Zealand Association of Comparative Law, Hors Serie Volume XIX (2015) Part I: Investor-State Dispute Settlement and UNCITRAL Texts on Transparency, at page 112. (“Douglas”) Scholars, NGOs, and practitioners have…
Arbitral Award, Recognition and enforcement of arbitral award, Serbia, Set aside an arbitral award, Suspension of Enforcement
Irreparable or Near-Irreparable Harm that Can Result from Non-Enforceability of Judgments
…of the UNCITRAL Working Group II suggest that enforcement is not an entirely fictional animal. The topic of this post is how enforceability of judgments can indirectly affect enforcement of…
UAE Federal Arbitration Law Adopted at Long Last: All Well that Ends Well?
…the requirements of arbitration in a modern age. That said, albeit based on the UNCITRAL Model Law and bringing welcome change to the limited procedural scope of the UAE Arbitration…
A One-Two Punch to the Kompetenz-Kompetenz Principle in Venezuela
…trend on the issue at hand. For instance, the UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration indicates that arbitration clauses referring to non-existing…
Do Arbitration Users Really Value Finality?
…is a departure from the UNCITRAL Model Law on which the Arbitration Act and many other international arbitration laws are based. Indeed, it is in large part due to this…
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…of the 2006 amendments to the UNCITRAL Model Law. It contains helpful new provisions on matters like immunity of arbitrator, appointing authorities; recognition and enforcement by courts of tribunal-issued interim…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
…opposed on the basis that the arbitration agreement is not valid. In most jurisdictions, such applications may lead to a contest under either Article 8 of the UNCITRAL Model Law,…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…its openness to discuss reforms to ISDS.16) IA Reporter (Luke Eric Peterson, 9 December 2017), UNCITRAL meetings on ISDS reform get off to bumpy start, as delegations can’t come to…
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…relevant national courts’ judgments, and how the resulting uncertainty may be mitigated. Jingzhou Tao & Mariana Zhong, China’s 2017 Reform of Its Arbitration-Related Court Review Mechanism with a Focus…
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
…again. In light of the 1994 reform, the SFT decided that CAS was not “the vassal of the IOC” and was sufficiently independent of it, as well as of all…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
Third Party Funding in Asia: whose duty to disclose?
…the UNCITRAL Arbitration Rules 2010 for challenging an arbitrator for issues of independence and impartiality.18) UNCITRAL Arbitration Rules 2010, Article 13(1). In practice, this would give counsel a reasonable…
Arbitral Seats – An Empirical Overview
…at whether, and to what extent, the national arbitration law is based on the UNCITRAL Model Law and whether the country concerned is a signatory of the New York Convention…
Singapore High Court Finds that an Arbitral Tribunal is Empowered to Disregard the Parol Evidence Rule
…the UNCITRAL Arbitration Rules, the HKIAC Rules, the AAA procedures, and the Korean Arbitration Act. The Court additionally noted, in that same paragraph, that even though the ICC Rules do…
Developing a Coherent Basis for International Minimum Standard of Treatment
…social reform, there may well be good grounds for drawing a distinction between nationals and non-nationals as far as compensation is concerned. To begin with, non-nationals are more vulnerable to…
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
…UNCITRAL arbitration under the India-Bosnia 2006 BIT (“BIT”), seeking US$40 million for fraudulent acquisition of shares of Krajina osiguranje. Relevant Facts Initially, a majority state-owned entity, Krajina osiguranje was privatized…
The Contents of Journal of International Arbitration, Volume 35, Issue 2, 2018
…devoted to the analysis of commercial arbitration reform in Russia. The authors explore the reasons for the reform. The effect of the reform is a switch from extremely liberal regulatory…
Cruising Around Investment Cases Against the Caribbean Islands
…costs to the Dominican Republic after the claimant withdrew its claims, considering the claimant the “unsuccessful party” under Article 42.1 of the UNCITRAL Rules. This Caribbean journey ends with memorable…
Lajún Corporation v. The Dominican Republic: Admissibility Issues Just Around the Corner?
…agreement or the UNCITRAL Arbitration Rules. Even though no fork-in-the-road is expressively stated, because the outcome of each of these options final and binding effects, it is sensible to argue…
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
…as always, lies in the detail. Poland can serve as an example. In 2016, the Polish Government initiated a so-called “reform” of the Polish judicial system (see my post on…