…limited, as can be seen from the UNCITRAL Model Law and the Indian Arbitration and Conciliation Act, 1996 (“1996 Act”), appellate arbitration clauses provide greater freedom of review of arbitral…
…Saving the World, Joel Lee and Joshua Lau consider the superpowers of everyday heroes including many skills which are witnessed or encouraged in mediation. In Mediation Reform in Lithuania –…
…Rules are a part of a broader regulatory reform at the ICAC, before presenting these key features, a brief overview of the overall changes in the ICAC regulations is provided:…
…the UNCITRAL Model Law on International Commercial Arbitration in its 1985 version. The only major reform of ICAA was its extension to arbitrations between entirely domestic parties by amendment from…
…UNCITRAL Model Law only arises for consideration in the absence of an express or implied choice-of-law. This brings the discussion back to whether the implied choice-of-law ought to be the…
…Arbitration Rules (2006), and the UNCITRAL Arbitration Rules (2010). The said article in the pertinent part reads as follows: Article 39 Summary procedure (1) A party may request that the…
…(e.g., see here). The Russian Law on International Arbitration (1993) is based on the UNCITRAL Model Law. In particular, the Law provides in Article 7 that the reference in a…
…Ivo Sanader. Two Parallel Arbitrations: UNCITRAL & ICSID In November 2013, MOL initiated an ICSID arbitration against Croatia over violations of obligations concerning MOL’s investments in Croatia (ICSID Case No….
…2006 UNCITRAL Model Law and many of its provisions thus constitute familiar territory for international arbitration’s users. New Myanmar Investment Law The MIL will come into force with full effect…
…UNCITRAL Model Law. According to this article, the award may be set aside upon one of the parties’ request if, (i) a party to the arbitration agreement was under some…
…a good start for a reform is: Who bears the risk of overly optimistic investment contracts which provide for unrealistic deadlines for the completion of a project? Foreign investors are…
…polarization into account when interpreting and applying the criticism that is sometimes made of arbitration. To adopt criticism whole, and wave it as a banner for reform, can lead to…
…its argument on Article 34(2)(a)(iv) of the UNCITRAL Model Law, allowing for setting aside when the composition of the arbitral tribunal and/or the arbitral procedure was not in accordance with…
Russia has recently revised its arbitration laws. The key development of the reform is to address the arbitrability of so-called “corporate disputes.” The new laws lift the longstanding ban on…
…(when developing non-binding “Statements” on arbitral procedure) and UNCITRAL (when developing transparency rules that apply largely on a voluntary, opt-in basis). With the conclusion of the TPP (subject to a…
…no day-to-day operational activities, its day-to-day ‘management’ will necessarily be very limited […]” (Ibid., para. 199) In the case of Alps Finance and Trade AG v. Slovak Republic, (UNCITRAL, Decision…
…of the Act. The Court then went on to rely on Article 17H of the UNCITRAL Model Law (“Model Law”) which provides for recognition and enforcement of interim measures granted…
…under the UNCITRAL Model Law and additionally adopt common law evidence methods, such as discovery and cross-examination. These scenarios would be perfectly possible in our system and we have seen…
…Cour de droit civil, 4A_46/2011, 29 ASA Bull. 6443, 651 et seq. (2011); Link-Trading joint stock company v. Department for Customs Control of Republic of Moldova, UNCITRAL, award on jurisdiction…
…Unruh v Hans-Joerg Seeberger [2007] HKCU 246 expressly left open this question. Importantly, however, the Ministry of Law (the “Ministry”) in Singapore and the Law Reform Commission of Hong Kong…
…however, that further improvement is now desirable. The next reform step for New Zealand arbitration law may accordingly be to consider whether the limited appeal mechanism can be made more…
…three-month period only commences once the state court rendered a final decision in the review proceedings. As Germany’s arbitration law is based on the UNCITRAL Model Law, this recent turn-around…
…filed amicus-curiae briefs. In Achmea B.V. v. The Slovak Republic, UNCITRAL PCA Case No. 2008-13 (formerly Eureko B.V. v. The Slovak Republic), the European Commission submitted written submissions describing intra-EU…
…v Laos”). In a carefully reasoned decision, Singapore’s apex court reversed a decision of the Singapore High Court, which had previously held that an UNCITRAL tribunal seated in Singapore had…
