…2013). There, the court stated that deciding whether a party’s claim falls under a carve-out is an arbitrability determination delegated to the arbitrator, considering the incorporation of the UNCITRAL Rules…
…in the award. To illustrate, Article 31(2) of UNCITRAL Model Law on International Commercial Arbitration provides that “[t]he award shall state the reasons upon which it is based, unless the…
…The Arbitration Law largely mirrors the 2006 UNCITRAL Model Law, thereby aligning Ethiopian law with a model that has been widely adopted by countries around the world. It has introduced…
…on their wide margin of discretion. The article discusses possible avenues to remedy deficiencies in arbitral practice dealing with contributory fault, both through the reform of investor-state dispute settlement and…
…Bas Van Zelst & Naimeh Masumy, The Concept of Arbitrability Under the New York Convention: The Quest for Comprehensive Reform This article critically examines the interpretation of the concept of…
…Sport; Lagos Chamber of Commerce International Arbitration Centre; Vancouver International Arbitration Centre; Mauritius International Arbitration Centre; Asia Pacific Centre for Arbitration and Mediation; UNCITRAL 2010/2013: Nairobi Centre for International Arbitration;…
…that it continues to be ‘state of the art’. The Law Commission concluded that wholesale reform of the Arbitration Act was not necessary or desirable in order to achieve that…
The Irish High Court (“the High Court”) in a recent decision in Jephson & Jephson v. Aviva Insurance Ireland DAC [2024] IEHC 309 (“the Jephson decision”) made an Order to…
…additional awards (which is based on s 33 of the UNCITRAL Model Law), there are three limited exceptions to the termination of a tribunal’s mandate: To correct arithmetical mistakes in…
…suggested in other international fora. For instance, they are mentioned in connection with compensation within UNCITRAL outside the boundaries of the mandate on ISDS reform, on the basis of perceptions,…
…Circuit then compared the UNCITRAL arbitral tribunal from ZF Automotive to the Webuild Tribunal, ultimately concluding that: “the characteristics of UNCITRAL that the ZF Automotive Court found insufficient to give…
…protections under the UNCITRAL Model Law should be harmonized with those of domestic administrative law. This suggestion fuels the debate, which has been raging since the Supreme Court of Canada’s…
…34 of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Forum and Jurisdiction Article 41(1) of the QFC Arbitration Regulations states that applications to set aside awards may…
…as California’s, similar to Art. 27 of the UNCITRAL Model Law. Lukic highlighted concerns following the CJEU’s International Skating Union (“ISU”) judgment, which appeared to blur the line between investor-state…
…Law on International Commercial Arbitration based on the UNCITRAL Model Law. This aligns Uzbekistan’s arbitration legislation with global standards and best practices. Furthermore, the 2018 Presidential Decree establishing the TIAC…
…hoc tribunal was constituted, which decided that the arbitration would be conducted under the UNCITRAL Arbitration Rules, the imperative rules of the seat of arbitration, and those rules established by…
On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution…
…arbitrator appointments and increasing public access to information on ongoing cases. Momodu addressed Nigerian law reform and the Nigerian Arbitration and Mediation Act 2023 (the “Act”). The Act introduced the…
…Economic and Trade Agreement, have been subject to legal challenges which has hindered their ratification process. This raises a broader issue of reform process rather than reform content: namely, that…
…UNCITRAL Model Law (“ML”) contains one solution to the problem of enforceability of interim measures. Article 17H clarifies that “an interim measure issued by an arbitral tribunal shall be recognized…
At its 57th Session, taking place in New York between 24 June and 12 July 2024, the United Nations Commission on International Trade Law (“UNCITRAL”) will discuss the adoption “in…
…Daniel Noboa, included in the referendum a question aiming to reform Article 422 with the objective of settling the debate on how this article should be interpreted. The reform that…
…force points out, institutional rules and arbitration laws provide little guidance. None of the ICC, LCIA or UNCITRAL rules address the question of privilege, nor does the UNCITRAL Model Law….
…the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention (e.g., Article 34 of the UNCITRAL Model…
