Since 1996, commercial arbitration in Lithuania has been regulated by the Law on Commercial Arbitration which was based on the provisions of the 1985 UNCITRAL Model Law on International Commercial…
The last 40 years or so has experienced increased growth in the number of transactions concluded internationally, departing from classical one-shot contracts such as the simple sale of goods contract….
The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018. The…
…and the tribunal or court hearing the case. LegCo’s adoption of the bill follows the Final Report of Hong Kong’s Law Reform Commission (LRC) Sub-Committee, which was published last October….
…the preservation of its rights be recommended by the Tribunal” (Article 39). Similarly, the UNCITRAL Arbitration Rules provides that “the arbitral tribunal may, at the request of a party, grant…
…commercial arbitration is concerned, this may be less true since the latest laws on commercial arbitration mentioned above are all aligned on the UNCITRAL Model Law. In addition, the OHADAC,…
…one option. Addressing questions of professional ethics in existing inter-governmental platforms and organizations, such as UNCITRAL or the PCA, is another. At the same time, pushing for more public regulation…
…Arbitration Act) or if a party has been denied its right to be heard (under the UNCITRAL Model Law and most national arbitration laws). • Lastly and importantly, the other…
…a Convention is currently the main topic of discussion in Working Group II of the UNCITRAL (Agenda of Working Group II of the UNCITRAL https://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html accessed on 15 May 2017)….
…of annulment bodies. In order to promote fairness, the rules governing commercial and investment arbitration (e.g., the ICSID Convention, the UNCITRAL Model Law, and national laws) provide for annulment as…
…but not all, emergency arbitrators refer to Article 17 of the UNCITRAL Model Law, as well as the lex arbitri and previously published decisions on interim relief. A set of…
…of the UNCITRAL Model Law on International Commercial Arbitration (“UNCITRAL Model Law”). Article 16 of the Qatari Arbitration Law provides that “[t]he Arbitral Tribunal shall decide in respect of the…
…reflect the UNCITRAL Model Law standards, the volume of recent annulment decisions and the array of issues considered have been noteworthy. The most active court has been the Superior Court…
…rules contain an express yet rebuttable presumption that the successful party will be entitled to recover its reasonable costs (e.g., the UNCITRAL, CIETAC, FAI, DIS, Swiss and LCIA Rules). Further,…
…provides an overview of the UNCITRAL Model Law and its positive impact on the development of arbitration in several jurisdictions worldwide. Next, the benefits of legal reform are highlighted through…
…the counterparty was not receiving any benefits from the proposed contract changes; iv) the development of unfairness arguments that were not a precondition for contract reform; and v) the flawed…
…an arbitrator.1)See also Simon Greenberg, “Direct Review of Arbitral Jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration” in The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on…
…This means that the transparency rules regarding ISDS, in particular the UNCITRAL Transparency Rules 2014, which are referred to in EUSFTA, must be considered to be mixed. Accordingly, the so-called…
…may at least in part be the result of the different sets of rules used for various disputes. The UNCITRAL Rules (1976) – the governing rules for the Eli Lilly…
…no limits – nothing really prevents parties to an arbitration agreement from agreeing on an arbitration pursuant to the UNCITRAL Arbitration Rules, in the Spanish language, administered by SIAC, seated…
…considered arbitrable, as a result of the arbitration reform. The new Law also requires that the PAI administers this type of arbitration according to special rules for corporate disputes. Some…
…of the UNCITRAL Model Law; Art. 35 and 36 (1) (a) (iv) UNCITRAL Model Law; Article V 1. (d) NY Convention). In the end, this uncertainty could prolong arbitration proceedings…
…international and Chinese arbitration professionals must look now to the National People’s Congress for further and more expansive reform. Presumably, everyone in the international arbitration community looks forward to the…
…amendments raises the question of whether law reform in this field is better achieved through such a piecemeal process, or instead in a more comprehensive fashion involving greater public consultation….
