Do Arbitration Users Really Value Finality?
…is a departure from the UNCITRAL Model Law on which the Arbitration Act and many other international arbitration laws are based. Indeed, it is in large part due to this…
Search Results for: UNCITRAL reform
Jumping on the TPF Bandwagon: Nigeria’s New Arbitration Bill Embraces Third-Party Funding
…of the 2006 amendments to the UNCITRAL Model Law. It contains helpful new provisions on matters like immunity of arbitrator, appointing authorities; recognition and enforcement by courts of tribunal-issued interim…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (II) & Request for Comments “Procedure and Evidence in International Arbitration”
Part 1 of this blog argued that courts that are asked to resolve Article 8(1) Model Law disputes should adopt a deferential approach to tribunal competence under both a contextual…
How Should a Court Asked to Apply Article 8 of the Model Law Approach its Task: Challenges for the Arbitral/Court Interface (I)
…opposed on the basis that the arbitration agreement is not valid. In most jurisdictions, such applications may lead to a contest under either Article 8 of the UNCITRAL Model Law,…
ISDS Under the CPTPP and Beyond: Japanese Perspectives
…its openness to discuss reforms to ISDS.16) IA Reporter (Luke Eric Peterson, 9 December 2017), UNCITRAL meetings on ISDS reform get off to bumpy start, as delegations can’t come to…
Could ENI Bring an Arbitral Claim Against Turkey for Obstructing Oil Exploration in Cyprus’ Waters? The Extra-Territoriality of BITs Against Occupying Powers
…– which are registered with the Permanent Court of Arbitration (PCA) and being conducted under the UNCITRAL Arbitration Rules 1976 (UNCITRAL Rules) – the Ukrainian claimants contend that the Russian…
The Contents of Journal of International Arbitration, Volume 35, Issue 3, 2018
…relevant national courts’ judgments, and how the resulting uncertainty may be mitigated. Jingzhou Tao & Mariana Zhong, China’s 2017 Reform of Its Arbitration-Related Court Review Mechanism with a Focus…
Independence of CAS vis-à-vis its Funders and Repeat Users of its Services
…again. In light of the 1994 reform, the SFT decided that CAS was not “the vassal of the IOC” and was sufficiently independent of it, as well as of all…
Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority
…effective on 1 January 2017 (Article 39(1)). In contrast, the LCIA Rules, the ICC Rules, the ICDR Rules and the UNCITRAL Rules constitute examples of arbitration rules that do not…
Third Party Funding in Asia: whose duty to disclose?
…the UNCITRAL Arbitration Rules 2010 for challenging an arbitrator for issues of independence and impartiality.18) UNCITRAL Arbitration Rules 2010, Article 13(1). In practice, this would give counsel a reasonable…
Arbitral Seats – An Empirical Overview
…at whether, and to what extent, the national arbitration law is based on the UNCITRAL Model Law and whether the country concerned is a signatory of the New York Convention…
Singapore High Court Finds that an Arbitral Tribunal is Empowered to Disregard the Parol Evidence Rule
…the UNCITRAL Arbitration Rules, the HKIAC Rules, the AAA procedures, and the Korean Arbitration Act. The Court additionally noted, in that same paragraph, that even though the ICC Rules do…
Developing a Coherent Basis for International Minimum Standard of Treatment
…social reform, there may well be good grounds for drawing a distinction between nationals and non-nationals as far as compensation is concerned. To begin with, non-nationals are more vulnerable to…
The State in Transition – Did the Questionable Privatisation Come to Haunt Bosnia?
…UNCITRAL arbitration under the India-Bosnia 2006 BIT (“BIT”), seeking US$40 million for fraudulent acquisition of shares of Krajina osiguranje. Relevant Facts Initially, a majority state-owned entity, Krajina osiguranje was privatized…
The Contents of Journal of International Arbitration, Volume 35, Issue 2, 2018
…devoted to the analysis of commercial arbitration reform in Russia. The authors explore the reasons for the reform. The effect of the reform is a switch from extremely liberal regulatory…
Cruising Around Investment Cases Against the Caribbean Islands
…costs to the Dominican Republic after the claimant withdrew its claims, considering the claimant the “unsuccessful party” under Article 42.1 of the UNCITRAL Rules. This Caribbean journey ends with memorable…
Lajún Corporation v. The Dominican Republic: Admissibility Issues Just Around the Corner?
…agreement or the UNCITRAL Arbitration Rules. Even though no fork-in-the-road is expressively stated, because the outcome of each of these options final and binding effects, it is sensible to argue…
Foreign Investments in Poland in Light of the Achmea Case and “Reform” of Polish Judicial System – Catch 22 Situation?
…as always, lies in the detail. Poland can serve as an example. In 2016, the Polish Government initiated a so-called “reform” of the Polish judicial system (see my post on…
Could Blockchain Help the Recognition of International Arbitration Awards?
…arbitral award closely paralleling those of the New York Convention. Article 35(2) of the UNCITRAL Model Law requires parties seeking to enforce an international arbitral award to provide the original…
Africa, Arbitration, Arbitration Proceedings, ICCA Sydney 2018, ICSID Convention, Investor-State arbitration, ISDS
ICCA Sydney: New Frontiers in International Arbitration II: Potential of Arbitration Involving New Stakeholders
…not ISDS requires reform, and suggested that if it is to be reformed, the best avenue is by arguing that it must welcome (and be more accessible to) new stakeholders….
Conflict Zones, Damages, ICCA Sydney 2018, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Sovereign Wealth Funds
ICCA Sydney: New Voices
…with issues relating to investment arbitration, such as legitimacy concerns and areas of reform, to the extent that we often forget what it is all about – money. It was…
ICCA Sydney: Building Better Arbitration Proceedings – Practical Suggestions I: Revisiting Conventional Wisdom in the Organization of Arbitral Proceedings
…available such as the UNCITRAL Notes on Organizing Arbitral Proceedings. It outlines common practice with respect to key procedural issues, and seeks to addresses power imbalances between experienced and inexperienced…
Expropriation, Fair and Equitable Treatment, ICCA Sydney 2018, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Most Favoured Nation (MFN)
ICCA Sydney: Arbitration Challenged Part I: Reforming Substantive Obligations in Investment Treaties and Conditions of Access to Investment Arbitration
…in investment treaties need reform or at least could be benefited from an evolution. This question springs from some of the criticisms that are expressed about investment treaties, such as:…
Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS
Interviews with Our Editors: Interview with Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes
…we understand that UNCITRAL is mandated to work on a code of ethics, and ideally that code is as close to universal as possible. We will work with UNCITRAL on…