…than designing a general uniform rule on arbitrability, the recommendation would be for UNCITRAL to deal separately with specific commercial matters that are problematic. A work by UNCITRAL in the…
…reform of conflict challenges. One reform proposal is advanced in Chapter 8, “Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and…
…over the claim of around 60,000 bondholders. Enhanced transparency: The Draft Proposal is perhaps the first international investment agreement that provides for the application of the UNCITRAL Transparency Rules (Article…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…jointly hosted by the Organization for Economic Co-operation and Development, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and the United Nations Commission on International Trade Law (UNCITRAL). The…
…offices in their countries, or who are jurisconsults of recognized competence.” Under ICSID, arbitrators need to “be relied upon to exercise independent judgment.” UNCITRAL Rules requires arbitrators to be “independent…
…UNCITRAL or ICSID Arbitration Rules). At the time of Australia concluding treaties referring to them, such rules did contain some provisions relevant to the issue of transparency. The ICSID Convention…
…modern international arbitration contained in the UNCITRAL Model Law of 1985 and was thus accordingly reviewed and updated. The result of the subsequent amendment process was the 2002 Thai Arbitration…
…tend to opt for UNCITRAL arbitration over ICSID). More importantly, recent years have revealed Vietnam to be a willing — and successful — participant to several international arbitrations. In December…
…ranged from the Mexican Energy reform, to the Trans-Pacific Partnership and what it may mean for the Latin American region. The recent liberalization of the Mexican Energy Reform may well…
…SIAC Investment Arbitration Rules, which are intended to provide an efficient alternative to the ICSID Rules and UNCITRAL Rules that States can adopt in their bilateral investment agreements or in…
…hearings to be closed temporarily. The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (‘Rules on Transparency’), for example, which also provide for the presumptive openness of arbitral hearings, are…
…an award warranted the indemnity costs order. This approach was justified on the basis of Hong Kong’s Civil Justice Reform (CJR) and its implications, and was given endorsement by Hong…
…dispute settlement. 3. Scope of reform of the Arbitration Court It is evident that the Arbitration Court needs to go through a thorough reform that would firstly be focused on…
In 2009, Georgia adopted a new Law on Arbitration (“Law on Arbitration”) based on the UNCITRAL Model Law on International Commercial Arbitration with amendments as adopted in 2006 (“Model Law”)….
…Cambodian judges attended the UNCITRAL Judicial Summit held recently during Hong Kong Arbitration Week, and met with arbitration judges from around the world. Most arbitration in Cambodia is for domestic…
In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating legal framework on the enforcement of settlement agreements, including a convention, model provisions or…
…the DIFC Arbitration Law (DIFC Law No. 1 of 2008 as amended), which in turn is based on the UNCITRAL Model Law, and the curial function of the DIFC Courts….
Drafted by HSF Partner, Mathias Wittinghofer, and Associates, Tilmann Hertel and Nils Kupka, from HSF’s Frankfurt office In 1999 Germany adopted the UNCITRAL Model law on International Commercial Arbitration (“ML”),…
…the UNCITRAL Model Law was introduced. The Amendment will apply to arbitral proceedings initiated on, or after 1 January 2016. One judicial instance for setting aside proceedings The main amendment…
…greater importance for countries in transition, relevant legal reform in Bosnia and Herzegovina (BiH) was executed only in terms of mediation, leaving arbitration aside. From the time of the IFC…
…Arbitration of 2006 to make it compliant with UNCITRAL Model Law on International Commercial Arbitration (1985) as amended in 2006 (“Model Law”). However, in its attempt to provide the arbitral…
…the intricacy of the amparo proceedings, in practice were often beyond the main principles that inspired the amparo institution. That gave rise to a reform, that apparently nipped in the…
On 19 October 2015, the Hong Kong Law Reform Commission published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites…
