…with respect to unilateral clauses in general causing confusion and uncertainty. General legal principle prevailed over legislative intent. The Act, which is based on UNCITRAL Model Law and also…
The Hungarian Parliament has recently adopted a new Act on Arbitration, which will enter into force on 1 January 2018 (the Act). The new Act (based on the UNCITRAL Model…
…jurisdiction, but international arbitration is not only possible under ICSID. Most BITs also provide for arbitration in other centers and under different rules, such as UNCITRAL, or the Additional Facility…
…out of the efforts of Slovak Republic to set aside the Frankfurt-seated UNCITRAL Award in Achmea B.V. v. The Slovak Republic, UNCITRAL, PCA Case No. 2008-13 (formerly Eureko B.V. v….
…transparency have been answered in the investment realm by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration and…
…e.g., Ambiente v. Argentina, ICSID Case No. ARB/08/9, Decision on Jurisdiction and Admissibility, 8 February 2013; Ethyl Corporation v. Canada, UNCITRAL, Award on Jurisdiction, 24 June 1998). Upon the satisfaction…
…align many aspects of its legislative framework with the UNCITRAL Model Law. The result, coupled with the removal of restrictions on foreign arbitrators and lawyers participating in arbitral proceedings seated…
…and Iberia, the latter from a Portuguese-speaking practitioner viewpoint. The session was concluded with an intervention by João Ribeiro-Bidaoui (Head of the UNCITRAL Regional Centre for Asia and the Pacific)…
…Serbian legal framework on arbitration to be very familiar, having been transplanted from the 1985 UNCITRAL Model Law on International Commercial Arbitration. Chiefly in that regard, the Serbian Arbitration Act…
…remedy available through the court of the seat of arbitration, as selected under Article 18.1 of UNCITRAL Rules, 2010. As to the basis to exercise jurisdiction, the Delhi High Court…
…the language of §8 of the Act, and the corresponding provision in the UNCITRAL Model Law, the latter also allowing the courts to decline reference to arbitration when the AA…
…The standard procedure in any ICC, ICDR, LCIA or UNCITRAL case is: two rounds of written pleadings (Statement of claim, Statement of defence, Reply and Rejoinder), or even more where…
…be no agreed standard. Emergency arbitrators of the SCC, therefore, took guidance from the following sources: lex arbitri, the UNCITRAL Model Law on International Commercial Arbitration 2006 (“UNCITRAL Model Law”),…
…application requesting appointment of arbitrators. The UNCITRAL Model Law also does not disallow for such a possibility, as is evident from a combined reading of Articles 6 and 11,…
…creation “enabling the broader population to participate in and benefit from Myanmar’s economic reform, increased access to finance for rural and micro borrowers, and support for development of key infrastructure”….
…under the UNCITRAL Rules by a tribunal of US arbitrators. Enforcement is sought in the US, the UK and France, and granted in the US and the UK. A setting…
…Rules, the LCIA Rules, and the 2010 UNCITRAL Rules also provide for a respondent to make a counterclaim.1) Rule 40(1) of the ICSID Arbitration Rules; Article 5 of the ICC…
…instituted against Italy arising out of the Italian reform in the solar energy sector (Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic (ICSID Case No. ARB/14/3)) was made…
ARTICLES SECTION Christopher R. Seppälä, Why Finland should adopt the UNCITRAL Model Law on International Commercial Arbitration Abstract: This article describes why a small country like Finland, which has excellent…
…25 February 2017 whereby diverse provisions on ADR mechanisms were reformed and added (i.e. Articles 25 and 73, new section XXIX-A). [2] UNCITRAL Texts & Status, https://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/2002Model_conciliation_status.html [3] Roundtable held…
…Plurinational State of Bolivia (UNCITRAL, PCA Case No. 2013-15); and iii) Iberdrola S.A. and Iberdrola Energía, S.A.U. v The Plurinational State of Bolivia (UNCITRAL, PCA Case No. 2015-05). As can…
…UNCITRAL Model Law. Arbitrations seated in the ADGM will be governed by the Regulations and given their UNCITRAL pedigree benefit from best standard international arbitration procedure. The establishment of the…
…as an example taken into account by the opponents of investment law and arbitration. It should also be considered during the discussion about the proposed reform of investment arbitration reform….
…December) and follows the UNCITRAL Model law (as amended in 2006). The law embodies fundamental principles such as party autonomy, Kompetenz-Kompetenz, separability, equality of the parties, due process and finality…
