From the Editors of Kluwer Arbitration Blog: 2017
…relevant changes in the legislations of some jurisdictions such as Singapore, to the ongoing reform of the ISDS and of the relevant treaties, including the NAFTA, and with a rich…
Search Results for: UNCITRAL reform
The Contents of Journal of International Arbitration, Volume 34, Issue 6, 2017
…of the competence-competence principle, and confidentiality of arbitration-related court proceedings. Hopefully, a new phase of comprehensive legislative reform will be conducted through more open and structured public consultation than the…
Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
…several ad hoc arbitration rules available, they may not be fit for arbitrations conducted in China. For example, Article 6(2) of the UNCITRAL Arbitration Rules states any party may request…
Korean Government’s Vigorous Move to Nurture Arbitration “Industry”
…practitioners often consider when choosing arbitration places are known to be a pro-arbitration legal regime and arbitration-friendly courts. In Korea, The Arbitration Act, which closely modeled the UNCITRAL Model Law,…
Arbitration, Arbitration Proceedings, Enforcement, Enforcement of an arbitration clause, International arbitration, Set aside an arbitral award, Set aside an international arbitral award, Turkmenistan
Law of Foreign Arbitration in Turkmenistan: An Introduction
…a number of ways follows the UNCITRAL Model Law. For instance, it allows ad hoc arbitration, recognizes the doctrine of kompetenz-kompetenz, as opposed to domestic law on arbitration which sets…
The Arbitrability of Oil & Gas Disputes under Brazilian Law
There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…
Towards a Post-Arbitration Age: The European Commission’s Fast-Track Reform of Investment Dispute Settlement
…paper “Investment in TTIP and beyond – the path for reform” which called for a “profound reform of the traditional approach to investment protection and the associated ISDS system” and,…
Appointment of arbitrators, Canada, Conference, Diversity, national court, North America, Transparency, Transparency in investment arbitrations, UK, United States
A Beacon in the American South: International Business Disputes in an Era of Receding Globalism
…UNCITRAL to investment treaties concluded before April 2014. The hope is that this convention will help ensure that both public interest in such arbitrations and the interest of the parties…
NAFTA Negotiations: Are U.S. Energy Companies Being Left to Their Fate?
…several reforms directed at allowing the participation of the private sector in the Energy industry (“Energy Reform”). The Energy Reform allows private investors to participate in O&G activities by bidding…
A Model for Business and Human Rights through International Arbitration under the Bangladesh Accord: The 2017 Decision on Admissibility Objection in Industrial Global Union and Uni Global Union
…models of reform current investor-State dispute settlement mechanisms, this Decision lends unique insights into the possible antecedent functional role of an intermediate standing ‘Steering Committee’, a committee of seven members,…
Revisiting the Chagos Decision: Search for a Rationale
…the UNCITRAL Arbitration Rules,” with certain modifications. The articles to which such modifications have been made are enumerated in the notes to the text at page 64. None of the…
Arbitration, Arbitration Proceedings, Enforcement, Human Rights, International arbitration, International Courts
International Arbitration of Business and Human Rights: A Step Forward
…If international arbitration would be acceptable to both the business side and the victims’ side, why are revised arbitration rules needed? The UNCITRAL and other commercial arbitration rules are not…
Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws
…Rules when the dispute falls outside the scope of the ICSID Convention, the SCC Rules, as well as ad hoc proceedings under the UNCITRAL Rules. In 2014, Russia, Belarus and…
Collective Redress in Austria and the European Union: What’s in it for arbitration?
…also evidenced by a detailed Report published in March 2017 by the U.S. Chamber of Commerce Institute for Legal Reform, against the backdrop of the European Commission’s upcoming assessment of…
Thoughts On Making Arbitration Great Again
…institutional reform within the branches of government, but also experiments that entail partnerships with a variety of stakeholders and the public outside government.” [Lisa Blomgren Bingham, Reflections on Designing Governance…
Proposed Reform of Italy’s Arbitration Act: One Step Forward, Two Steps Back?
The long-yearned for reform of the Arbitration Act has finally gotten off the starting block. An ad hoc commission has submitted its reform proposal (Proposal), to the scrutiny of the…
The Duty to Give Reasons – A Robust Affirmation
…the legislative requirement for reasons in New Zealand’s Arbitration Act (reflecting the UNCITRAL Model Law) and explained the purpose and nature of that requirement. In doing so, the Court drew…
Argentina’s Arbitration Legal Reform: Steps in the Right Direction?
…in such arbitrations. As the Argentine Government has reasoned, a reform is therefore necessary. B. Argentina’s Proposed Arbitration Legal Reform As part of a wider legal reform of the Argentine…
Will 2018 Mark a Tipping Point for Binding Investor-State Arbitration?
…year for both opponents and proponents of investor-state arbitration to make their respective cases to maintain, reform, or abandon today’s ISDS system. The views expressed are those of the author….
Ecuador’s Ordeal: Is International Jurisdiction a Journey with No Return? (Part II)
…the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”). The Model Law, whose scope includes investments, is favored by many experts because its provisions not only restrict intervention…
Arbitration, Arbitration institution, Arbitration Institutions and Rules, Asia, Asia-Pacific, Australia, Dispute Resolution
Moving Beyond Rhetoric: Positioning Australia as an Upcoming Regional Arbitration Hub
…new contacts, where applicable and appropriate; 2. reform at a grassroots level – universities must further promote and develop their international arbitration offerings. They must also be willing to revise…
“Costs Follow Conduct” – A Musical Altercation
…with other criteria, the parties’ conduct is also an aspect that is regularly considered by tribunals when apportioning the costs of the proceedings. The UNCITRAL Arbitration Rules 1976 already provided…
Annulment, BIT, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Zimbabwe
The Proven Benefits of ISDS and BITs –Even for SMEs and Small Claims
…In the Von Pezold et al and the Border Timbers (which remains unpublished) cases, the arbitral tribunals unsurprisingly also concluded that the so-called “land reform programme” discriminated against white farmers…
Arbitrability, Arbitral Award, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreement, India
“Notwithstanding the Non-obstante clause” can the Courts refuse to refer Non-Arbitrable Disputes to Arbitration?
…parties to arbitration unless it finds that prima facie no valid arbitration agreement exists. In contrast, Section 8 of the 2006 UNCITRAL Model Law and Section 45 of the Act…