…The SCC Rules are the third most frequently used set of arbitration rules in investment disputes—after the ICSID and UNCITRAL rules. Recognizing that such disputes raise different issues and involve…
…be disregarded by the sport organisations. And CAS, too, having recently started to reform may consider taking additional steps to preserve its independence – for example, by giving athletes further…
…Settlement of Investment Disputes (“ICSID”), the United Nations Commission on International Trade Law (“UNCITRAL”) or the Regional Centre for Arbitration at Kuala Lumpur or “any other regional centre for arbitration…
…UNCITRAL Model Law, as the procedural law of the arbitration and trigger the competence of the DIFC courts as the curial courts of the arbitration. This will assist in avoiding…
…actual impact of robust case management decisions on the enforceability of arbitral awards. Despite the harmonizing effect of the NY Convention or the UNCITRAL Model Law, the situation varies quite…
…Quinn Emanuel Urquhart & Sullivan, LLP. David Orta of Quinn Emanuel opened the first panel with an overview of Serafín García Armas v. Venezuela, an UNCITRAL case holding that a…
…in other forums used to resolve inter-State disputes (such as the ICJ and ITLOS), (ii) the trend of increased transparency in other State-party arbitrations (see, for example, the UNCITRAL Rules…
…Arbitral rules similarly give the tribunal wide discretion in determining the relevance, materiality and admissibility of evidence. For instance: (a) The UNCITRAL Arbitration Rules simply provide that “the arbitral tribunal…
…popular is the discussion of a New York Convention-esque UNCITRAL Convention on the Enforcement of Mediated Settlements, which would strengthen the legal enforceability (and thus attractiveness) of a negotiated or…
…Herzegovina [“BiH”], with the aim to promote awareness of modern international practice and developments of law, and to encourage the reform of national laws, regulations and soft law and to…
A foundational principle of international commercial arbitration is that of party autonomy. Article 19(1) of the UNCITRAL Model Law reflects this and states: “Subject to the provisions of this Law,…
…current, rapid reform of effective laws in Hungary – meaning that relatively new legislation which has been in force for only five to ten years has been set aside to…
…Australia, the Perth Centre for Energy and Resources Arbitration (PCERA). This institution offers institutional support for the settlement of energy disputes through specially modified 2010 UNCITRAL Arbitration Rules (PCERA Arbitration…
…Nations’ list of NYC membership, which is easily accessible in its latest version online at https://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/ NYConvention_status.html. What other evidence could possibly be required? In any event, it is common…
…transport and commercialisation of oil and gas products. The contractual dispute resolution clause provided for ad hoc arbitration under the UNCITRAL Rules seated in Switzerland, preceded by conciliation under the…
…Third Party Funding for Arbitration Sub-committee of the Law Reform Commission in Hong Kong (set up in June 2013) released a public consultation paper recommending that TPF should be allowed…
Arbitration in Brazil has come a long way since the passing of the Brazilian Arbitration Act in 1996 (the “BAA”). The BAA has its origins in the UNCITRAL Model Law…
…on arbitration requires to address, and in which reform is needed. In conjunction with the reform of the law, trust needs to be placed in BiH’s arbitral institutions themselves. In…
…of the IAA and Article 16 of the UNCITRAL Model Law suggested that the Court was to act as a control as supervisory court; and (3) nonetheless if the tribunal’s…
…for arbitration”, mentioned as a primary method for commencing arbitration proceedings in Article 21 of the UNCITRAL Model Law 1980 (“MAL”), was considered by domestic practitioners as a foreign feature….
…proposal as well as the other two agreements demonstrates that the system relies on existing arbitration rules (including those of ICSID and UNCITRAL), and is still ad hoc, in the…
…choice to refer to arbitration under (i) the ICSID Convention, (ii) the Additional Facility Rules of ICSID or (iii) the UNCITRAL Arbitration Rules. The revised Model BIT contains the usual…
…interesting aspects of this interlocutory award is the Tribunal’s consideration of the interplay between the Tribunal’s procedural rules (modified UNCITRAL arbitration rules) and the CSD. The US argued that the…
…current hyper-activism to reform or even to dismantle some of the salient features of ISDS, and instead, calls for a rational and balanced debate based on facts with a view…
