…case was an ad hoc UNCITRAL arbitration under Argentina-UK BIT (AWG Group Ltd. v. The Argentine Republic (“AWG”)). This post will focus on the three ICSID committees’ annulment decisions and…
…UNCITRAL Model Law on International Commercial Arbitration, which has been adopted by numerous states around the world, likewise provides that an arbitral award may be refused recognition and enforcement if…
…expected, the focal topics were the ISDS reform, the EU proposal for Multilateral Investment Court (“MIC”), and the way forward. The MIC proposal was the subject-matter of the Keynote Speech…
…confirmed in the decision 4A_65/2018 of 11 December 2018, published on 27 December 2018, concerning an investor-state dispute brought before a tribunal under the UNCITRAL Arbitration Rules. Before the Supreme…
…company, rendered under the UNCITRAL Arbitration Rules by a tribunal seated in Paris. With reference to article III of the New York Convention, the Supreme Court held that, for attachment…
…Rules, is to provide a range of arbitration rules to support the potential needs of different businesses.2)JCAA background document: “Reform of the JCAA Arbitrations Rules: Three Sets of Rules in…
…transparency to limit confidentiality and privacy as UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, available here (“Transparency Rules”) (see Art. 8.36 CETA and Art. 3.46 EUVIPA). Confidentiality is pertaining…
…Member States and Convention signatories.The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration is another typical example of their important contribution. Mauritius, the first State to have signed and ratified…
…Civil Procedures Law. The key features of the New Arbitration Law are that it is largely based on the UNCITRAL Model Law on International Commercial Arbitration, it recognises the doctrine…
…reform, such as the creation of specialised arbitral tribunals or the creation of free zone jurisdictions. For others, a wind of change could be seen as any element that shapes…
…our authors discussed Argentina’s decision to adopt the UNCITRAL Model Law with some modifications. For example, the Argentinian Arbitration Act takes a conservative approach in terms of the form of…
…etc. While arbitration practitioners are actively tackling many areas of reform, the majority of these denunciations appear, for the most part, biased and overly simplistic. Yet, these critiques have pervaded…
…refer their disputes to conciliation using the UNCITRAL Conciliation Rules. But the New Act does not stop at mere adoption of the UNCITRAL texts and modernisation of the old regime….
…Working Group III of UNCITRAL on the ISDS Reform), as inappropriate for disputes involving States because of their alleged lack of transparency, legitimacy, consistency as well as the absence of…
…and adapt is as persistent as ever. While the ICC may have been the only major institution with a presence in Europe to reform its arbitration rules in line with…
…follow a binding evidentiary code, unless, of course, the parties agree otherwise. Most national arbitration laws and arbitration rules follow this approach. For example, Article 19(2) of the UNCITRAL Model…
…the ground of Article 34(2)(ii) UNCITRAL Model Law or unenforceable on the grounds of 36(a)(ii) UNCITRAL Model Law and Article V(1)(b) NY Convention. Careful considerations should be given when drafting…
…These discussions will continue into 2019, giving both countries an opportunity for continued consideration of whether reform to investor-State arbitration is desirable and, if so, what reform might be necessary….
…Construction v. Libya case brought by a UAE-based company under the terms of the OIC Agreement. In its reasoning, the PCA imported the UNCITRAL Arbitration Rules4) 1976 UNCITRAL Rules, Art….
Very rarely would a single arbitration-related decision produce as significant an impact as the judgment of the Court of Justice of European Union (“EU” and “CJEU” respectively) in the Achmea…
…NAFTA arbitrations show. When the Pope & Talbot Inc. v. Canada (“Pope & Talbot”) arbitration6)Pope & Talbot Inc. v. Government of Canada (“Pope & Talbot”), UNCITRAL (NAFTA), Award in Respect…
…Agreement provides that contractual disputes should be referred to ICDR for arbitration and UNCITRAL Arbitration Rules should apply. The seat of arbitration should be New York. Thereby, the Court concluded…
…International Commercial Contracts (1), Lex Mercatoria (1), “International Customary Law” (1), UNCITRAL Law (1) and the ICC Incoterms (1). On the other hand, there are precedents from ICSID annulment committees…
…mediated settlements at the end of the UNCITRAL Working Group II’s 62nd Session in New York, in July 2014. (Ecuador was the first country to endorse the USA’s proposal when…
