…Latin America. China is now the largest trading partner and creditor of several Latin American countries and the regions’ second largest investor. With the progress of its economic reform, participation…
…UNCITRAL and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention in this area of law….
…in International Thunderbird v. Mexico has stated: “investment arbitration… [has] become so well known… Thus, this factor is no longer applicable…” (UNCITRAL Rules, Award 26 January 2006, para. 218) A…
…favour of such reform, however, is not guaranteed and would take considerable time to emerge. Meanwhile, enforcement courts should follow the approach of the US courts. A policy of deference…
…Arbitration Act (the “IAA”). Applications for arbitration awards to be set aside can be granted if one of the limited grounds in Article 34(2) of the UNCITRAL Model Law (which…
1. Background Modern arbitration in Mexico commenced with the reforms to the Mexican Commercial Code in 1989 and with the incorporation in such code of the UNCITRAL Model Law on…
…reform it, putting users back in the centre of dispute resolution proceedings and better catering to their needs. With that thought in mind, 79% of all delegates voted in favour…
…to provide empirical data to aid the decision making process for the proposed UNCITRAL convention on the international enforcement of settlements reached in mediation. IMI Survey of Corporate Needs The…
…law) that under Article 32 of the 1976 UNCITRAL Rules,** the relevant reasons in the Apotex I & II Award “can be read together with the operative part for the…
…Canada’s civil justice crisis which, like in many countries, is first and foremost a crisis of accessibility. While addressing avenues for reform, the Court said this: “In some circles, private…
…NAFTA. However, the text does not establish a clear right of physical participation in hearings. The tribunal next observed that its confidentiality order and Article 28(3) of the UNCITRAL Arbitration…
…to send a signalling effect to the international arbitration community of the user-friendliness of a certain legal system. The UNCITRAL Model Law on International Commercial Arbitration (enacted in 1985 and…
…ad hoc arbitration (usually under the UNCITRAL arbitration rules unless the parties agree on a different set of rules). Some BITs contain the additional option to submit the dispute to…
…the UNCITRAL Model Law on Commercial Arbitration and the UNCITRAL Rules on Transparency in Treaty-based Investor-state arbitration – just to mention a few. It is not coincidence that the 1955…
…approaches to treaty negotiation by the EU Commission in the Transatlantic Trade and Investment Partnership (TTIP); 2) the UNCITRAL Rules on Transparency; 3) the use of freedom of information acts;…
…to conduct arbitration advocacy can be confusing. New Horizons 6. In 2014, UNCITRAL Working Group II decided to explore the possibility of a new multi-lateral convention on which of the…
…of Australia. Transparency of proceedings can also be enhanced, as under KAFTA which adopts detailed provisions as well as a side agreement on the new UNCITRAL Transparency Rules. The risks…
…provided valuable guidance on Articles 33(3) and 34(4) of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law“). Background facts The dispute arose out of an unsuccessful joint venture…
…section 34. Power of Tribunal to Order Interim Measures The 2006 amendments to Article 17 of the UNCITRAL Model Law give wide powers to the arbitral tribunal to order interim…
…with the majority, but not all, of its predecessors) is based on the UNCITRAL Model Law, but retains some provisions of the CPC. Whilst enactment of a federal arbitration law…
…is helpful to consider section 6(1) of the Act, which is in very similar terms to section 7 of the UNCITRAL Model law, and defines an arbitration agreement. Section 6(1)…
…6. In 2014, UNCITRAL Working Group II decided to explore the possibility of a new multi-lateral convention on which of the following topics? A. Recognition and enforcement of foreign court…
…the arbitral tribunal and the arbitration proceedings had to be conducted as per the UNCITRAL rules. At this stage I would like to explain the test of the implied exclusion…
…is subject to an arbitration agreement, or when deciding on an application for annulment (particularly in jurisdictions that adopted the UNCITRAL Model Law, cf. Article 34(2)(a)(i) 2nd alternative) or on…
