…parties or has been concluded through an exchange of telegrams or telefaxes. The 2006 UNCITRAL Recommendations addressed the outdated idea of telegrams. UNCITRAL recommends that this requirement must be read…
…Out of Africa: The 2018 OHADA Arbitration and Mediation Law Reform Almost twenty years after it adopted the Uniform Act on Arbitration (UAA), the Organization for the Harmonization of Business…
…multilateral investment court (MIC), which is currently negotiated within UNCITRAL. In this context, it is interesting to note that Canada is a strong supporter of the EU in the UNCITRAL…
…financial community in assessing both the desirability and urgency for reform. Third, Singapore should not be ethically disingenuous by upholding one standard of ethics before the courts and another lower…
…UNCITRAL Emergence Conference which shared the title of this post. In particular, Eunice explores the two key themes which emerged from the panel discussion: first, the idea of a growing…
…exercise of their autonomy, do away with the arbitrators’ continuous duty of disclosure, which under most procedural rules is mandatory. The UNCITRAL Model Law, for example, omits any grounds for…
…of arbitral awards”. Only decisions made by arbitrators are to be considered “awards” within the meaning of the New York Convention1)UNCITRAL Secretariat Guide on the Convention on the Recognition and…
…countries, which may be due to the fact that the UNCITRAL Model Law on ICA followed in whole or in part by many countries, contains no provision in this regard….
…Within this broader judicial reform, a number of long-awaited changes in legal framework for international commercial arbitration have been brought forward, including the following: reducing the number of court instances…
…reforms (including the 2006 revisions to the UNCITRAL Model Law, enacted in 2010 for international arbitration); a supportive and independent judiciary (reiterating elsewhere that the World Bank in 2018 ranked…
…Bolivia, UNCITRAL, PCA Case No. 2013-15, Procedural Order No. 10 (Jan. 11, 2016), and Caso CPA No. 2016-08 Manuel Garcia Armas v. Venezuela (Procedural Order dated June 20, 2018). As…
…Act), based on the UNCITRAL Model Law and its 2006 amendments (the Model Law). The development comes in response to calls from the arbitral community in Argentina, which have been…
…(SAL). The grounds for setting aside in the SAL are exhaustive, reflecting the UNCITRAL Model Law standards. Engasa put forward, inter alia, the argument that the majority voting “[…] irrationally…
…law? It does not seem so. I. Interim Measures by Chilean Courts: A Confusing Signal Following the UNCITRAL Model Law on international arbitration, LACI meant a major improvement and modernization…
…entities in Portugal and in Brazil is challenging with new developments shared by the speakers and the participants. Among other matters, Mr. Filipe Vaz Pinto discussed the Portuguese reform of…
…principle must have “a certain level of recognition and consensus” (Yukos Universal Limited (Isle of Man) v. The Russian Federation, UNCITRAL, PCA Case No. AA 227, Final Award (18 July…
…a preliminary question, that it has jurisdiction. Article 16(3) of the 1985 UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”) provides a party with immediate recourse where the…
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such ‘non-participating’ respondents, what…
…Mexican Energetic Reform (2013) has impacted the company to enhance its competitiveness in a free market arena, private investments in energy projects, as well as the introduction of arbitration clauses,…
…ending. Decades ago, when California enacted an international arbitration law based on the UNCITRAL Model Law, Andre Brunel noted in the Texas International Law Journal that “California hope[d] to become…
…on confidentiality First reform In 2010, the Australian legislature recognised that confidentiality was one of the significant attractions of arbitration. Citing Esso, Parliament considered that, while the Australian common law…
…Law (hereinafter, “ICAL”) mostly adopts the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), as amended in 2006, with some minor differences, most of them of non-substantial nature….
…is rather very fragmented – with judges having vast powers to interpret its text in various ways, and this leads to legal uncertainty. This dialogue might lead to UNCITRAL creating…
Investor-state tribunals frequently face allegations of economic crimes, especially in jurisdictions with a weak rule of law. For instance, the largest ever investor–State award of $50 billion in Yukos v…
