What’s “Next” for Arbitration in Korea
…steps to establish and enhance its reputation as a reliable and attractive seat for arbitrations. Among them: Korea was the first East Asian country to adopt the UNCITRAL Model Law…
Search Results for: UNCITRAL reform
Vienna Arbitration Days: How to Deal with Biases and Cultural Differences and Other Practical Issues
…(the Austrian Yearbook of International Arbitration), ICC Austria, YAAP (Young Austrian Arbitration Practitioners), and UNCITRAL. Anna Joubin-Bret, UNCITRAL’s Secretary, provided an overview of UNCITRAL’s work streams, including its work on…
The Problem of Assistance in Investment Arbitration?
…extent of tasks of assistants to purely organisational and administrative work of the arbitral tribunal. The UNCITRAL Notes on Organizing Arbitral Proceedings limits the task of secretaries to listing and…
Appointment of arbitrators, Arab World, Fork in the road, Indonesia, Investor-State arbitration, Libya, MENA, Middle East, PCA, Permanent Court of Arbitration
The PCA’s Assistance in the Constitution of an Arbitral Tribunal: Last Breath for Investor-State OIC Arbitrations?
…the UNCITRAL Arbitration Rules in the Austria-Libya BIT to apply Article 7(2) (b) of the 1976 UNCITRAL Rules which provides that the Secretary-General of the PCA shall designate the appointing…
Arbitration in Guatemala: The Admissibility of the Amparo Action Regarding Judicial Assistance on Jurisdictional Matters
…the Guatemalan Constitutional Court’s analysis on the admissibility of the amparo action on jurisdictional matters. The Guatemalan Arbitration Law (GAL) is based on the 1985 UNCITRAL Model Law. In its…
Azerbaijan, Domestic arbitration, Enforcement, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law
Legislation and Practice of Commercial Arbitration in Azerbaijan
…arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and UNCITRAL Model Law on International…
Hong Kong, Investment Arbitration, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS, ISDS Reform
Hong Kong is Mapping the Way Forward in ISDS Reform
…discussions. They commented on the crossroads the ISDS system appears to be at, with UNCITRAL Working Group III considering ISDS reform, the International Centre for Settlement of Investment Disputes (ICSID)…
Arbitration, arbitrator-party relationship, Arbitrators, arbitrators’ conduct, Lex Arbitri, Liability, Switzerland
The Law Applicable to Arbitrators’ Civil Liability from a European Point of View
…the UNCITRAL Model Law help in this examination as both acts are silent on arbitrators’ status. Although the convention and the laws are silent, the arbitration doctrine provides quite a…
On Why Corporations Should Care About Investment Treaty Protection Now More Than Ever
…discussion on the reform of the international investment regime and particularly, of investor-state dispute settlement (ISDS), which has sometimes translated in reduced investment protection. Political risks are a major concern…
Will an Understaffed Brussels Enterprise Court Incite Parties to Call upon Arbitration?
…a new government with the support of the new parliament. To this day, a reform of the Special Financing Act has proven to be impossible and may even have fostered…
BAC, China, CIETAC, CIETAC Investment Arbitration Rules, ICSID Arbitration, ICSID Convention, Investment Arbitration, SIAC Investment Arbitration Rules, UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules
New 2019 BAC Rules for International Investment Arbitration: A Chinese Approach to the Concerns over Investment Arbitration Regime
…the Parties to apply the 2014 UNCITRAL Transparency Rules to the arbitration (Article 50.1), in which the party autonomy concerning transparency gets full respect. 3. Improving the efficiency of arbitral…
Taking a Second Bite of the Cherry: When is it Appropriate to Remit an Award Instead of Setting it Aside in Singapore?
…circumstances where setting aside of an award is preventable. These two remedies available under Article 34(4) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”) are thus mutually…
The Applicability of the Ukraine-Russia BIT to Investment Claims in Crimea: A Swiss Perspective
Since the annexation of Crimea by the Russian Federation in 2014, a substantial number of investment claims, in particular expropriation claims, have been raised by Ukrainian nationals against the Russian…
Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules
X CAI Costa Rica 2019: Developments and Challenges in International Arbitration
…general, and in some Latin American countries, in particular, such as changes in some legislations confirming the tendency to continue adopting the UNCITRAL Model Law in a greater number of…
Abu Dhabi, Arbitral seat, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL Model Law
Abu Dhabi Global Market Courts Enhances its Attractiveness as an Arbitral Seat
…the UNCITRAL Model Law, with a number of significant enhancements relating to the confidentiality of proceedings, the joinder of third parties, and the waiver of the right to bring an…
The European and Singapore International Commercial Courts: Several Movements, a Single Symphony
…the BIBC, for instance, will be based on the UNCITRAL Model Law on International Commercial Arbitration, thus offering many features traditionally associated with arbitration. Costs As regards the costs of…
Approaches to Arbitration in Australia and Singapore
…a reasonable tribunal hearing all evidence could find validity”. He submits that this fits the deferential approach courts should adopt, pursuant to the UNCITRAL Model Law and New York Convention….
Arbitration in Colombia: A Recent Ruling Confirms the Country is an Arbitration Friendly Forum
…the international arbitration framework, has adopted the most recent trends including Law 1563 of 2012, which is by and large based in the UNCITRAL Model Law. As such, the grounds…
Case management conference, ICC Rules, International arbitration, International Arbitration Procedures, New York Convention
Summaries and Issues in the ICC Terms of Reference: The Right Level of Case Management
…be earned by probity and experience. Where parties have long experience and an established relationship, they can be more readily trusted to resolve disputes by the avowedly flexible UNCITRAL Rules,…
Achmea, CJEU, European Law, International Investment Arbitration, International Law, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS
Topical Issues in ISDS: Review of Recent Developments in the European Union
…other areas. 4.2. Multilateral Investment Court and State of Play of the ISDS Reform Negotiations Within UNCITRAL Andre von Walter observed that the EU’s reform ideas have been channeled in…
Investment, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS, ISDS Reform
Investment Arbitration: A Case for Incremental, Iterative, Progressive, and Prioritized ISDS Reform
At the heart of the debate surrounding Investor-State Dispute Settlement (ISDS) Reform is UNCITRAL Working Group (WG) III. Until two years ago, WG III was dedicated to discussing issues surrounding…
Arbitration, BIT, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Multilateral Investment Court
The Future of ISDS: Can’t See the Wood or the Trees
…on the proposed reforms here. In parallel, UNCITRAL has tasked its Working Group III to study ISDS reform. Anna Joubin-Bret, Director of the International Trade Law Division at UNCITRAL, reported…
Georgia, ICC, ICC Arbitration, Recognition and enforcement of arbitral award, Russia, Unilateral Clauses
“May” Means “Shall” in Georgia – Supreme Court of Georgia Upholds a Permissive ICC Arbitration Clause
…turned the approach towards arbitration clauses to a sensible angle. The Court analyzed provisions of the Law of Georgia on Arbitration (which is based on the UNCITRAL Model Law) vis-a-vis…
The Know How to Enforcing Foreign Arbitration Awards in South Africa
…Act has been to incorporate the UNCITRAL Model Law as the cornerstone of the international arbitration regime in South Africa. The South African Arbitration Act 42 of 1965 remains applicable…