…1985 UNCITRAL Model Law on International Commercial Arbitration, Articles 34 and 36; Article V New York Convention; 1986 Netherlands Code of Civil Procedure, Articles 1062 to 1068; 2011 French Decree…
…Rules contain a similarly broad provision, the New Rules, in accordance with the 2006 amendments to the UNCITRAL Model Law, have adopted the same approach as the HKIAC Rules and…
…of when Bolivia can exercise the denial of benefits clause is one of jurisdiction. Consequently, in accordance with the UNCITRAL Rules (which were the applicable arbitral rules), the latest time…
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by…
…the UNCITRAL Arbitration Rules 2010. The claim concerned Australia’s enactment of the Tobacco Plain Packaging Act 2011 (Cth) which enforced the use of plain packaging on all tobacco products sold…
…Treaties usually offer as an alternative to the ICSID system the choice between the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, the International Chamber of Commerce (ICC)…
…docket, which now includes well over 500 active or concluded arbitrations,2)UNCTAD, Reform of Investor-State Dispute Resolution: In Search of a Roadmap, IIA Issue Note No. 3 (June 2013), at 2….
…This issue was previously discussed on this blog in September 2010. Much progress has been made in the intervening years. The most recent jurisdiction to adopt this reform is one…
…a UK investor with a sizable stake in an Argentine gas distribution company, was adversely affected by the Argentine emergency measures and initiated UNCITRAL arbitration against Argentina pursuant to Article…
…the Proposal seems to entail an innovative regime, departing from the UNCITRAL Model Law and from many national arbitration laws which give preference to a dual system where state courts…
…segment of the lecture. It is important to note that the current Mainland Chinese arbitration law differs from the UNCITRAL Model Law in many aspects. In particular, it requires that…
…UNCITRAL, IBA, ABA, ICC, or by law firms, facilitate the work of the parties in preparing and arguing their case, and help the arbitrators organize and conduct the proceedings. Some…
…Argentina (UNCITRAL)) concluding that the panel did not have authority to adjudicate the dispute because the claimant had not satisfied a pre-arbitration requirement, namely, litigating before the local courts and…
…In respect of the arbitral process itself, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the transparency rules) will come into force on 1 April 2014. The transparency rules…
…award for alleged violations of Article 34(2)(a) of the UNCITRAL Model Law. After the Hong Kong Court of Appeal had declined in June 2012 to grant leave to appeal from…
…the UNCITRAL Model Law, thus fostering both national and international arbitration, it would be no less than a disgrace when the exclusive jurisdiction of the Belgian State courts would be…
…resisting enforcement under Article 36(1) of the UNCITRAL Model Law should be made available to a party resisting enforcement of a domestic international award under section 19 of the IAA….
…nominated or appointed. The latter is decided by the Board of VIAC. Another major reform deals with multi-party arbitrations and especially with the constitution of the arbitration tribunal. In addition…
…many of the issues as possible. The UNCITRAL notes on Organizing Arbitral Proceedings contain a helpful punchlist, even if not framed in a risk-centric manner. • The tribunal should at…
…that the award will be written, but beyond that, there are no form requirements. Article 31 UNCITRAL provides that an award 1) “shall be made in writing”, 2) “shall be…
…an antisuit injunction. Certain arbitration rules, in particular the UNCITRAL Arbitration Rules, provide a tribunal with the power to grant interim measures for the purpose of preventing harm to the…
…main contract, or its breach, termination, or invalidity, will be settled by arbitration in accordance with the UNCITRAL Arbitration Rules in effect on the date of their contract. The arbitration…
…ten Latin American countries have adopted the UNCITRAL Model Law on International Commercial Arbitration, and eighteen of them have ratified or acceded to the New York Convention. Moreover, some Latin…
…competition from ad hoc arbitration under domestic procedural laws or UNCITRAL, as well as established and emerging national institutions. That competition is already fierce, and it is only the beginning….
