…disclosing the identity of the source of TPF associated with claims (see, in particular, Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, UNCITRAL, PCA Case No….
…“necessary.” The ICC, ICSID, SCC and UNCITRAL Rules, by contrast, do not provide a timeline for a tribunal to close proceedings, or to make its award. Emergency Arbitrator Rule 24.6…
…ADGM are based on the common law tradition, taking inspiration from the English legal system, and possess stand-alone arbitration laws that are both modeled on the UNCITRAL Model Law (on…
…Lima, thus the applicable law was the Peruvian Arbitration Law. Our law is based on the UNCITRAL Model Law of 1985 with the amendments of 2006. But, note that since…
…UNCITRAL and other investment arbitrations concluded in the last five years. The underlying data on costs referenced in these studies will be available in appendices to the forthcoming monograph Procedural…
On 19 June 2015, the Armenian Parliament adopted a package of laws related to arbitration. This was the first arbitration reform since the adoption of the Law on Commercial Arbitration…
…conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Hong Kong-Australia BIT. It took the Arbitral Tribunal, which consisted of highly experienced arbitrators Prof. Karl-Heinz Böckstiegel (Presiding Arbitrator),…
2015 was an eventful year in Hong Kong arbitration. The Hong-Kong based institutions shepherded through several reforms, the local courts issued several pro-arbitration decisions, and a long-awaited Law Reform Commission…
…(see ADGM Consultation Paper No. 12 of 2015 dated 14 October 2015, available online at https://www.adgm.com/doing-business/adgm-legal-framework/public-consultations/2015/consultation-paper-no-12/). The Regulations are modeled on the United Nations Commission on International Trade Law (UNCITRAL)…
…the Myanmar Union Parliament adopted the Arbitration Law (Union Law No. 5/2016) (the “Arbitration Law”). Much of Myanmar’s Arbitration Law is based on the UNCITRAL Model Law on international commercial…
…an award may be set aside listed in the UNCITRAL Model Law). Given the complexities of present-day international arbitrations, which often involve multiple contracts and parties, it is not efficient…
…a period, but only to the extent of 6 months. Article 19 of the UNCITRAL Model Law (on which the Arbitration and Conciliation Act, 1996 (‘Act’) is based) provides that,…
…new Arbitration Act is not based on the UNCITRAL Model Law. Secondly, in its essence, it is just an extraction from the Latvian Civil Procedure Law: a chapter containing provisions…
…local procedural codes remain in force and govern some procedural aspects of arbitration. The positive sign of the reform is that Argentina has not only followed the trend of adopting…
…(EU) international investment policy. The European Commission’s May 2015 concept paper on ‘Investment in TTIP and beyond – the path for reform’ publicly expressed the Commission’s desire to explore the…
…been heavily influenced by the UN General Assembly’s efforts to achieve a recognised standard for arbitral laws and include, amongst others, the UNCITRAL Model Law (or an adaption thereof) (the…
…Arbitration Act On 26 May 2015, Brazil amended its 1996 Arbitration Act. Rather than a new law, the reform is a refined text reflecting the pro-arbitration jurisprudence of the courts…
For the last several years, Russia has undergone arbitration reform initiated by the President in or around 2013. The reform is aimed at increasing the credibility of this dispute resolution…
…than designing a general uniform rule on arbitrability, the recommendation would be for UNCITRAL to deal separately with specific commercial matters that are problematic. A work by UNCITRAL in the…
…reform of conflict challenges. One reform proposal is advanced in Chapter 8, “Issue Conflicts and the Reasonable Expectation of an Open Mind: The Challenge Decision in Devas v. India and…
…over the claim of around 60,000 bondholders. Enhanced transparency: The Draft Proposal is perhaps the first international investment agreement that provides for the application of the UNCITRAL Transparency Rules (Article…
…of transparency in investor-State arbitration: the 2006 ICSID amendments, the 2013 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (“the 2013 UNCITRAL Rules”) (see here), and the Mauritius Convention (see…
…jointly hosted by the Organization for Economic Co-operation and Development, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and the United Nations Commission on International Trade Law (UNCITRAL). The…
…offices in their countries, or who are jurisconsults of recognized competence.” Under ICSID, arbitrators need to “be relied upon to exercise independent judgment.” UNCITRAL Rules requires arbitrators to be “independent…
