…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….
…the meanwhile the reform has been named SchiedsRÄG 2013. (See for further information Michael Nueber, OGH als einzige Instanz (rechts)politisch möglich?, ZfRV 2012/11, 73 [English summary included]). Anyways, major reaction…
…“good faith in the taking of evidence”. The UNCITRAL Arbitration Rules (2010) have little bite. Article 42 vaguely permits the tribunal to apportion costs, “taking into account the circumstances of…
…put to it. Similarly, an award may be set aside under article 34(2)(a)(iv) of the UNCITRAL Model Law if it is not in accordance with article 18, which provides that…
…Articles 9 and 17H of the UNCITRAL Model Law). The new rules with regard to multi-party and multi-contract disputes reflect the “growing complexity of commercial disputes”. Under the old rules,…
and Rapolas Kasparavičius, LAWIN An abundant number of agreements have been and will be concluded between states and investors operating under the bilateral investment regime and even a larger number…
…jurisdiction.” ((UNCITRAL) Procedural Order No. 2, 31 May 2005, para. 23) Secondly and importantly, the objection shall not be intertwined with the merits, otherwise the tribunal would risk prejudging the…
…to speed with the 2012 ICC-Rules and coincide with the brand new Belgian Arbitration Law – based on the UNCITRAL Model Law – which will come into force as of…
…UNCITRAL Model Law on International Commercial Arbitration, and it provides that “a Court shall not intervene in any matter governed by this Act except where so provided in this Act.”…
…award under section 34 of the Act, which is adopted from the UNCITRAL Model Law. According to the Model Law, public policy is a ground for setting aside an award…
On 11 July 2013, the United Nations Commission on International Trade Law (“UNCITRAL”) adopted new Rules on Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”), which will come into effect…
…in creating a legal environment attractive for foreign investment. Since March 2011, the Myanmar Government has engaged in a broad programme of political, economic and legal reform. For example, the…
…ex parte provisions such as the UNCITRAL Model Law 2006 preliminary order provisions and also where the other party does not take part in proceedings. Guideline 9 proscribes “knowingly false”…
…is to align Belgium’s arbitration law to the UNCITRAL Model Law and confirm Belgium’s friendliness towards arbitration. Historically, Belgium’s arbitration law has always been slightly isolated. It was originally based…
…UNCITRAL, Final Award, 14 March 2003, para. 436) On the other hand, the Enron tribunal has usefully noted: “[T]here is a need to establish a cut-off point beyond which claims…
…special issue will explore recent calls for reform of the investor-State dispute settlement (ISDS) system, along with the viability of five “reform paths” recently proposed for discussion by UNCTAD, the…
…in the New York Convention, the Inter-American Convention on International Commercial Arbitration (“Panama Convention”) and even the UNCITRAL Model Law. From a comprehensive reading of such instruments, it follows that…
…Law (1996) is largely based on the UNCITRAL Model Law, except that all arbitral awards made in Brazil are considered domestic. All types of commercial disputes are arbitrable. Brazil has…
