…‘One Country, Two Systems’ doctrine. Hong Kong was the first jurisdiction in Asia to base its arbitration legislation on the 2010 version of the UNCITRAL Model Law and has further…
…dispute to an ad hoc arbitration tribunal. Some Russian BITs favor ad hoc arbitration set up under the UNCITRAL Rules (France, India), or even without designating any applicable rules (Germany,…
…two years, and how they have contributed to the jurisprudence on counterclaims: Metal-Tech v. Uzbekistan (ICSID Case No. ARB/10/3, Award, 4 October 2013), Al-Warraq v. Indonesia (UNCITRAL, Final Award, 15…
…UNCITRAL Rules of Arbitration are also illustrative on the second jurisdictional prong. In Saluka v. Czech Republic (UNCITRAL, Decision on Jurisdiction over the Czech Republic’s Counterclaim, 7 May 2004), the…
…first impression, an UNCITRAL tribunal of Eduardo Grebler, Guido Tawil and Rodrigo Oreamuno held that dual Venezuelan-Spanish nationals Serafín García Armas and his daughter, Karina García Gruber, had standing to…
…final and significant challenge is the enforcement of awards, regardless of where the arbitration was seated. Under the UNCITRAL Model Law, adopted by many states, one of the grounds for…
…the health insurance system. The reform envisaged the creation of a single, state-run health-care insurer, squeezing out the two existing private health insurance providers, one of them being an Achmea-controlled…
By a recent judgment in Malini Ventura v Knight Capital Pte Ltd and others [2015] SGHC 225 (“Malini“), the Singapore High Court affirmed its commitment to the primacy of arbitration…
…Redress System for Consumer Disputes: Clarifications, UNCITRAL Works & EU Regulation on ODR”, International Journal of Online Dispute Resolution, 2014, volume 1, issue 1, page 57, and “Now where do…
…with Australia’s current approach to the negotiation of trade and investment treaties, and makes a number of recommendations for reform. This post will consider two of the recommendations made by…
…recently, general practice notes for SIAC-rules and UNCITRAL-rules arbitrations. Likewise, last year HKIAC released guidance notes on challenges to arbitrators. In 2012, the ICC revised its own notes on the…
…of this decision strongly backed the decision of the Higher Regional Court. The German Arbitration Law is based on the UNCITRAL Model Law and provides that an arbitral award may…
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this…
…large-scale reform which provided for substantial changes in the Russian arbitration legislation. In the course of this reform two draft laws were proposed: the Draft Law on Arbitration in the…
…and subject to an appellate mechanism.2)https://www.europarl.europa.eu/news/en/news-room/content/20150702IPR73645/html/TTIP-ease-access-to-US-market-protect-EU-standards-reform-dispute-settlement and https://hsfnotes.com/publicinternationallaw/2015/07/13/the-future-of-isds-in-the-ttip-european-parliament-recommends-a-new-system-of-judicial-decision-making/ In other words, the European Parliament’s clear preference is for dispute resolution to occur in a public court-centric based system, not by…
…of the UNCITRAL Model Law (i.e., the 2006 version). Hong Kong is the first Asian jurisdiction to adopt the latest version of the UNCITRAL Model Law. Its arbitration legislation, the…
…(founders, shareholders, members) related to the establishment, activity, management and termination of the company. The issue is that in 2011 Ukraine had carried out domestic arbitration reform and certain changes…
…view that: The case for reform is clear…‘Old style’ international investment agreements have increasingly come to a dead end. Reform should make the global network of international investment agreements better…
…Justice Al Muhariri relied upon the 2012 Digest of Case Law on the UNCITRAL Model Law (the DIFC Arbitration Law being modeled on the Model Law): “The public policy defence…
…public interest, a factor frequently referred to by tribunals arbitrating under the UNCITRAL Rules. As only two of these new BITs have entered into force, the impact any of these…
…it ameliorates the risk of any parochialism associated with national courts exercising curial control over investment disputes commenced under the UNCITRAL Arbitration Rules. This would bring investment disputes seated in…
…national treatment principles by affording substantive appeal rights to foreigners not available to domestic firms, risk impeding domestic regulatory reform (regulatory chill), include safeguards and carve-outs of uncertain effect, lack…
…world. In addition, many Arab states began adopting national legislation in favor of arbitration, often times based on UNCITRAL Model Law or on the 1981 French Law of Arbitration. In…
…the need and the appropriateness of a reform began back in 2012, when Brazilian Senator Renan Calheiros proposed the creation of a Commission of Jurists in the Senate to discuss…
