200 Billion Reasons for Keeping NAFTA
…as result of its recent Energy Reform, which opened the energy sector to private investment. All of those investments are, in principle, protected by NAFTA. In addition to substantive protections,…
Search Results for: UNCITRAL reform
Taming the “Mercantile Adventurers”: Third Party Funding and Investment Arbitration – A Report from the 14th Annual ITA-ASIL Conference
…in legal fees, of which $3.2m was a success fee) and UNCITRAL (Khan Resources v. Mongolia – awarding claimants $6m to pay their counsel’s contingent legal fees) arbitrations. 2. Issue…
Arbitration, English Arbitration Act, LCIA Arbitration, LCIA Guidance Notes for Arbitrators, LCIA Rules, Tribunal Secretary
When Does a Tribunal Secretary Overstep the Mark?
…Russian Federation, UNCITRAL, PCA Case No AA. 227), the use of secretaries has been under greater scrutiny. In this decision, Popplewell J noted the ‘considerable and understandable anxiety in the…
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
…discourse of the international professional community (see, for example, in 2015 in The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) The door…
How Should “Bare” Arbitration Clauses Be Enforced By The Courts?
…on the work of its 18th Session, 3-21 June 1985, UNCITRAL, Yearbook Volume XVI, U.N. Doc. A/CN.9/SER.A/1985, paragraph 111) B. Should a different condition have been imposed by the Court…
Arbitration, Arbitration Awards, Bribery, Enforcement, Greece, ICC, ICC Arbitration, International arbitration, Public Policy
Government Procurement, Bribery, and an Olympic Size Scandal at the ICC
…claimant in July 2013. Arbitral awards are capable of enforcement in Greece as per standard international practice. The Greek arbitration statute, introduced in 1999, is based on the UNCITRAL Model…
Trust Disputes Non-Arbitrable in India
…alone an arbitration agreement within the meaning of Section 7 of the Arbitration Act (which is based on Article 7 of UNCITRAL Model Law on International Commercial Arbitration, 1985). The…
Has Brazil Made a Unilateral Binding Offer to Arbitrate in the 2016 Investment Partnership Program (PPI)?
…assume that MP 752 has not merely repeated what had already been historically built and consolidated through several acts that led to the legislative reform in 2015. Most importantly, this…
Arbitration, CETA, Lex Arbitri, Seat of the arbitration, UNCITRAL Arbitration Rules, UNCITRAL Model Law
Place of Arbitration in the Proposed “Investment Court” Scenario: An Overlooked Issue?
…which loses a CETA arbitration under the UNCITRAL rules. The UNCITRAL tribunal is seated in third state X and the losing party moves to challenge the award before that state’s…
The Hypocrisy of Anti-ISDS Groups – Part 2
…investment court system (ICS) of the EU should be applied to NGOs, i.e. the UNCITRAL Transparency Rules. Indeed, this may require to align on this point the OECD Guidelines with…
Antitrust arbitration, Arbitration clause, Competition Law, European Law, European Union, Multiple parties
Antitrust Arbitration in Europe (Part I): Improving Private Enforcement by Removing Procedural and Evidential Barriers in Arbitration
…have expedited proceedings. In order to fully understand why there is a need for the reform of the rules on disclosure of evidence in antitrust arbitration, one needs to look…
Parties’ Obligations Under an ADR Agreement – A Systematic Content Analysis of Agreements to Resolve Commercial Disputes
…already done by specialized institutions with a global reach, such as the UNCITRAL, one could indeed state that there is a clear need for a more general European framework of…
The Contents of Journal of International Arbitration, Volume 34, Issue 1, 2017
…seek emergency relief from an emergency arbitrator or a state court. Beata Gessel-Kalinowska Vel Kalisz, UNCITRAL Model Law: Composition of the Arbitration Tribunal Re-considering the Case upon Setting Aside of…
The Winner of 2017 GAR Awards for Best Innovation?: Transparency & Diversity
…be basis for reform to investor-state arbitration system • Michael McIlwrath, Lucy Greenwood and Ema Vidak Gojkovic propose that arbitrators should identify their procedural preferences and case management techniques in…
Global Geopolitics and International Energy Arbitration: a Report from the 4th Annual ITA-IEL-ICC Joint Conference
…users desired reform – for instance, time limits on rendering arbitral awards or restrictions on document production – the panelists cautioned that such measures should build in flexibility to allow…
How Much (More) Transparency Does Commercial Arbitration Really Need?
…arbitration does and should fill. In this context, the World Café participants considered an endeavor to transport the UNCITRAL Rules on Transparency to commercial arbitration to be overreaching. The UNCITRAL…
What Role Shall Play the Qatar Financial Center Civil and Commercial Court under the new Qatari Arbitration Law?
…mentioned for setting aside the arbitral award under the UNCITRAL model law (as revised in 2006). The time limit to raise the action for nullity is one month (instead of…
The 2017 ICAC Corporate Dispute Arbitration Rules: Collective Redress in Action
…respectively (see the Russian versions of all the ICAC Rules here). The ICAC Corporate Rules fully implemented the new mandatory legislative provisions, (discussed here). They also developed this reform further…
International Financial Services and Small States: Conference Report
…own would allow SS IFCs to challenge the established narrative with evidence-based arguments that highlighted the positive role that SS IFCs played, Tax reform and closing remarks The legal architecture…
CIETAC, HKIAC, HKIAC Rules, Hong Kong, Intellectual Property, Intellectual Property Rights, Third party funding
Arbitration in Hong Kong: The Year of the Monkey in Hindsight
As Hong Kong enters the year of the Rooster, its arbitration community can look back on a year of the Monkey in which the territory’s institutions and authorities implemented a…
Arbitration institution, Arbitration Institutions and Rules, Australia, HKIAC, HKIAC Rules, ICC, ICC Rules, Secretary of the Arbitral Tribunal
The Australian Centre for International Commercial Arbitration’s Guideline on the Use of Arbitral Secretaries
…as those administered under the UNCITRAL Arbitration Rules. The Guideline is also expressly made available for use in non-ACICA administered proceedings, but only after consultation with ACICA. The Guideline is…
Confidentiality in International Commercial Arbitration: Bedrock or Window-Dressing?
…The UNCITRAL and Stockholm Chamber of Commerce (SCC) Rules have a limited role, merely providing for private hearings and confidentiality of awards. The ICC per se do not provide for…
Appeal, Arbitral Award, Arbitration, Arbitration Institutions and Rules, Arbitrator Intelligence, Arbitrators, Diversity, Financial Industry, Investment Arbitration, Third party funding, Transparency
10 Hot Topics for International Arbitration in 2017
…private, it is not expressly confidential according to the ICC Rules. The UNCITRAL rules are also silent as to confidentiality, but publication is addressed in Art 34.5. Other institutions have…
Moving Ahead in 2017
…investments. In an effort to ensure greater transparency, several initiatives have been emerging such as (i) the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency in investor-state…