…consider when seeking consolidation. Further, the Draft Rules now permit arbitrations administered by SIAC, but under different arbitral rules (e.g., SIAC Rules and UNCITRAL Rules) or different iterations of the…
…Treaty) unconstitutional. This provision provides for ICSID or UNCITRAL arbitration in case of violation of the substantive protections accorded to foreign investors in the Treaty (ISDS Provision). According to this…
…Law Commission’s Proposals The Law Commission has made two key proposals to reform this regime. First, the Law Commission has recommended restricting the availability of a full rehearing on jurisdiction…
…discussed recent developments in international arbitration ethics, including the UNCITRAL/ICSID Code of Conduct and the International Bar Association’s Taskforce to revise the IBA Guidelines on Conflicts of Interest for the…
…reform. This article provides an overview of these three latest legal developments in Hong Kong and at HKIAC. Hong Kong Courts Rule on Compliance with Multi-Tiered Dispute Resolution Clauses…
…opened the conference and explored the history of international arbitration and its progression to date. This progression stands on the reform efforts of countless institutions and bodies over the years….
…be desired in terms of substantive and necessary reform, while simultaneously opening a pandora’s box of new issues for parties, courts and counsel to grapple with. Beyond the technicalities, a…
…Against that background, it was noted that under the UNCITRAL Model Law, the rules of many arbitral institutions and the laws of many jurisdictions, disputing parties can appoint an emergency…
…held numerous other elected roles, including, Lieutenant-Governor of Western Australia, President of the Western Australian Bar Association, Chairman of the Law Reform Commission, President of the Law Society of Western…
…of procedural autonomy in Article 1700, §§ 1 and 2 BJC, which enacts Article 19 of the UNCITRAL Model Law. We then move on to France, where we publish extracts…
…Limitation Law At least in States that have adopted the UNCITRAL Model Law (Model Law), if a tribunal applies the wrong Limitation law, that error is not likely to be…
…Arbitrators? It is worth noting in this context that the international investment arbitration community has recently witnessed the adoption of the UNCITRAL Code of Conduct for Arbitrators in International Investment…
The UK Law Commission recently proposed drastic reform to section 67 of the English Arbitration Act 1996 that deals with the challenge of an award on the ground of lack…
…issue. Panel Discussion: Themes Arising from the Draft SIAC Rules This panel, moderated by Mr Nash, consisted of Ms Judith Knieper (Legal Officer, UNCITRAL Secretariat), Mr Dheeraj Nair (Partner,…
…UNCITRAL Recommendation on the interpretation of Articles II and VII of the NYC, and the works of UNCITRAL Working Group IV. In this regard, legal texts addressing electronic communications and…
…the New York Convention and embodies the structure and principles of the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“Model Law”).6)Government of Timor-Leste, Voluntary Arbitration Legal Regime overall…
…disputes exclusively between States to administering mixed arbitrations in 1934. The institution’s activity was boosted in the second half of the XX century with the development of the UNCITRAL Arbitration…
…into force on that day. Disharmony with the International Framework – The Role of the European Convention Since the grounds for setting aside arbitral awards in the UNCITRAL Model…
…notably to facilitate domestic and international trade, obtain fair and speedy resolution of disputes, and adopt the UNCITRAL Model Law (the “Model Law”) (see Section 5 of the Act). In…
In May 2023, Nigeria’s Arbitration and Mediation Act (AMA) was enacted. It replaced the Arbitration and Conciliation Act 1988 with a modernised version that aligns with the 2006 UNCITRAL Model…
…application of “rules of law.” This includes, inter alia, all arbitration laws which are based on article 28 of the UNCITRAL Model Law. Thus, there exists a basis to apply…
…(Law No. 19,971) closely follows the 1985 UNCITRAL Model Law. When a decision is issued, the parties’ sole recourse is an application to the Court to set aside the award,…
…in Latin America Although many Latin American countries aspired attracting international arbitrations from abroad in adopting model UNCITRAL or general international arbitral laws, this trend is still relatively low compared…
…foundational issue expressly addressed by Articles II and V of the New York Convention, Article 7 of the UNCITRAL Model Law on International Commercial Arbitration, and most national arbitration laws….
