Is Brazil an Arbitration-Friendly Jurisdiction?
…Framework In Brazil, arbitration is governed by Law 9.307, which came into force in 1996. The Brazilian Arbitration Act (hereafter BAA) is partially based on the UNCITRAL Model Law and…
Search Results for: UNCITRAL reform
Peeking Behind the Curtains: Insights from the Swiss Supreme Court’s Recent Public Hearings in Appeals against Investor-State Dispute Settlement Awards
…20 and 58 of the Swiss Federal Tribunal Act). In both cases, the majority decided to uphold the decisions in the relevant UNCITRAL arbitrations that favored investment protection, with a…
Procedural Reform: Two Party-Appointed Arbitrators and a Presiding “Expert”
…There is another procedural reform that we find both provocative and intellectually stimulating. We propose one significant change for appointment and composition of arbitral tribunals. In an arbitration with three…
The New Year Arbitration Quiz: 2019
…Emmanuel Macron, France 2. The “Singapore Convention” for the enforcement of mediated settlements was introduced at the 2014 UNCITRAL Working Group II session by which country? a. Singapore b….
Achmea, CETA, Intra-EU BITs, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform
2019: the Year of the Big Harvest!
…the UNCITRAL glass houses in New York and Vienna, the Commission has been testing the idea of replacing ISDS with a multilateral investment court (MIC) with appeal tribunal on a…
Commensalism in International Investment Arbitration: The Rule of Law and CSR in the New Dutch Model BIT
Commensalism of IIL Critique While the popular criticism of investment arbitration provides fertile ground for the academic proposals for ISDS reform, the latter hardly shape the development of (investment) law…
Paraguayan Court of Appeal Recognizes Arbitrators’ Powers to Decide Issues of Illegality and Corruption
…SEAM based its annulment application on article 40(b) of the Paraguayan Arbitration Act (the “PAA”), which has its origin in article 34(b) of the UNCITRAL Model Law, and article V(2)…
Arbitration in Argentina: More Positive Signs Towards Certainty?
Arbitration in Argentina is finally finding its way to certainty. On 4 July of this year, Argentina passed the International Commercial Arbitration Act, based on the UNCITRAL Model Law. Furthermore,…
A Wind of Change! Tanzania’s Attitude towards Foreign Investors and International Arbitration
…Prohibited in Public Private Partnership (“PPP”) Agreements Notwithstanding the pending cases brought against the country due to the 2017 legislative reform, in September this year, the government made another significant…
From the Editors of Kluwer Arbitration Blog: 2018
…discussions in the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform, in New York and Vienna, and the latest Free Trade Agreements signed by the EU; and a proactive…
Do Parties Adopt Model Arbitration Clauses from Arbitral Institutions?
…International Centre for Dispute Resolution, the International Chamber of Commerce, or UNCITRAL. Even more notable is the large degree of variation in each of the central elements of the scope…
Arbitration, Arbitration Agreements, Domestic Courts, ICC, ICC Arbitration, ICC Rules, Kuwait, Third party funding, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL Model Law
The First ICC Kuwait Arbitration Day
…Neither law is based on the UNCITRAL Model Law. Kuwait does however have a strong history of supporting international arbitration, being the first GCC state to participate in the New…
7th Asia Pacific ADR Conference Review: Innovating the Future of Dispute Resolution
…Shin highlighted changes in the area reflected in recent EU treaties, reform focus of UNCITRAL through its Working Groups, and recent amendments proposed by ICSID. He then invited the panelists…
Appointment of arbitrators, Arbitrator Challenges, Counsel, Counsel conduct, Disclosure, Dubai, ICC, International arbitration, International Arbitration Procedures, MENA, Middle East, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates
Dubai Arbitration Week Recap: Arbitrator Disclosure – Local Flavour or International Standards?
…bringing the standard in line with that of the UNCITRAL Model Law. Article 10(4) of the UAE Arbitration Law states that anything likely to give rise to doubts in relation…
Africa, Arbitration, Arbitration Agreement, Arbitration clause, Arbitration institution, Dubai, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates
Dubai Arbitration Week Recap: New Frontiers in Arbitration – The MENA Region
…the New Arbitration Law highlighted and discussed during the week were: International best practice and standards. The new Arbitration Law is broadly based on the UNCITRAL Model Law on International…
Brexit, the Energy Charter Treaty and Achmea: An Unexpected Ray of Light?
…of the ECT for 20 years after that date. Moreover, even without Brexit, there is uncertainty regarding ECT claims in future. Consultation on the reform of the ECT is currently…
Topical issues in ISDS: Latin America – A Review of Recent Developments – A report from the CERSA
…current trends in Europe/the United States versus Latin America Lessons learnt from the first wave of calls for ISDS reform in the LATAM Region Alvaro Galindo commented there was a…
Three ‘Pitfalls’ for the Unwary: Third-Party Funding in Asia
…would “increas[e] the risk of blocking potentially legitimate claims”.1) South American Silver Limited (Bermuda) v Bolivia (UNCITRAL), Procedural Order No. 10, 11 January 2016, paragraphs 75 to 77. The SIAC…
Chinese Investments in Latin America: Disputes along the Non-Conventional Belt and Road
…Arbitration Law to the procedure, which entails relevant differences in relation to the UNCITRAL Model Law (largely adopted in Latin American countries). The main differences are: (i) no ad hoc…
Human Rights, ICSID, ICSID Arbitration, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor duties, Investor-State arbitration, ISDS
David Aven v. Costa Rica: An Aftershock of Urbaser v. Argentina?
…environmental counterclaim was ultimately dismissed for non-observance of the procedural requirements set forth under Article 20 and 21 of the UNCITRAL Arbitration Rules governing the proceeding(§§744-747). Also, the tribunal noted…
Swissbourgh v Lesotho: Can a Right to Arbitrate be an Investment?
…Court of Appeal dealt with four issues: First, it held that where a dispute fell outside the scope of an arbitration clause, then Article 34(2)(a)(iii) of the UNCITRAL Model Law…
The Contents of Journal of International Arbitration, Volume 35, Issue 6, 2018
…tribunal’s preliminary ruling on jurisdiction under Article 16 of the UNCITRAL Model Law precluded that party from applying to set aside the merits award on the jurisdictional grounds which could…
Adhesion Contracts, Arbitration Agreement, Brazil, Brazilian Arbitration Act, Franchising Contracts, kompetenz-kompetenz
Recent Developments on Arbitration in Franchising Contracts: a Brazilian Perspective
…UNCITRAL Model Law on International Arbitration, in which the Brazilian Arbitration Act was inspired, does not impose a specific way when it comes to the required form of the arbitration…
So You Think You Can… Enforce an Arbitral Award in the Kingdom of Saudi Arabia?
…New Arbitration Law, based on the UNCITRAL Model Law, by Royal Decree No. M/34 of 16 April 2012 concerning the approval of the Law of Arbitration (the “Arbitration Law”), which…