…under the Energy Charter Treaty, the UK-Ukraine BIT (1993), and the Netherlands-Ukraine BIT (1994). On December 28, 2014, Ukraine enacted the Law on Tax Reform Amendments to the Tax Code…
…International Limited v. United States, Award, ICSID Case No. ARB(AF)/99/2, 11 October 2002, para. 86; International Thunderbird Gaming v. Mexico, Award, UNCITRAL Ad hoc, 26 January 2006, paras. 117-118). Ideally,…
…enforceability of settlement agreements if they were placed on the same footing as arbitration awards. The US Government proposed, in the 62nd session of the UNCITRAL Working Group II, a…
…as to what constitutes a protected “investment.” It is notable that Gramercy invoked UNCITRAL arbitration rules. The U.S.-Peru TPA allows investors the choice of ICSID or UNCITRAL arbitration, and Peru…
…the need to hire local counsel in multiple jurisdictions. – The work of UNCITRAL, incorporated in the 2006 version of the UNCITRAL Model Law on International Commercial Arbitration (Article 17)…
…Hong Kong and Singapore have modern arbitration laws based on the UNCITRAL Model Law which reflect international best practice, their courts are non-interventionist, transparent, independent,1)According to the World Economic Forum’s…
…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…be disregarded by the sport organisations. And CAS, too, having recently started to reform may consider taking additional steps to preserve its independence – for example, by giving athletes further…
…Settlement of Investment Disputes (“ICSID”), the United Nations Commission on International Trade Law (“UNCITRAL”) or the Regional Centre for Arbitration at Kuala Lumpur or “any other regional centre for arbitration…
…UNCITRAL Model Law, as the procedural law of the arbitration and trigger the competence of the DIFC courts as the curial courts of the arbitration. This will assist in avoiding…
…actual impact of robust case management decisions on the enforceability of arbitral awards. Despite the harmonizing effect of the NY Convention or the UNCITRAL Model Law, the situation varies quite…
…Quinn Emanuel Urquhart & Sullivan, LLP. David Orta of Quinn Emanuel opened the first panel with an overview of Serafín García Armas v. Venezuela, an UNCITRAL case holding that a…
…in other forums used to resolve inter-State disputes (such as the ICJ and ITLOS), (ii) the trend of increased transparency in other State-party arbitrations (see, for example, the UNCITRAL Rules…
…Arbitral rules similarly give the tribunal wide discretion in determining the relevance, materiality and admissibility of evidence. For instance: (a) The UNCITRAL Arbitration Rules simply provide that “the arbitral tribunal…
…popular is the discussion of a New York Convention-esque UNCITRAL Convention on the Enforcement of Mediated Settlements, which would strengthen the legal enforceability (and thus attractiveness) of a negotiated or…
…Herzegovina [“BiH”], with the aim to promote awareness of modern international practice and developments of law, and to encourage the reform of national laws, regulations and soft law and to…
A foundational principle of international commercial arbitration is that of party autonomy. Article 19(1) of the UNCITRAL Model Law reflects this and states: “Subject to the provisions of this Law,…
…current, rapid reform of effective laws in Hungary – meaning that relatively new legislation which has been in force for only five to ten years has been set aside to…
…Australia, the Perth Centre for Energy and Resources Arbitration (PCERA). This institution offers institutional support for the settlement of energy disputes through specially modified 2010 UNCITRAL Arbitration Rules (PCERA Arbitration…
…Nations’ list of NYC membership, which is easily accessible in its latest version online at https://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/ NYConvention_status.html. What other evidence could possibly be required? In any event, it is common…
…transport and commercialisation of oil and gas products. The contractual dispute resolution clause provided for ad hoc arbitration under the UNCITRAL Rules seated in Switzerland, preceded by conciliation under the…
…Third Party Funding for Arbitration Sub-committee of the Law Reform Commission in Hong Kong (set up in June 2013) released a public consultation paper recommending that TPF should be allowed…
Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law…
…on arbitration requires to address, and in which reform is needed. In conjunction with the reform of the law, trust needs to be placed in BiH’s arbitral institutions themselves. In…
