When the UNCITRAL Model Law on International Commercial Arbitration was approved by the United Nations General Assembly in 1985, “uniformity of the law of arbitral procedures” was a stated purpose….
…UNCITRAL Model Law on International Commercial Arbitration as a sort of free-floating “anational” governing clause. I suppose that makes the UNCITRAL Model Law the chosen arbitration rules, but I’ve never…
…by SIAC under its rules and the UNCITRAL rules that also came into force on the same date. While the changes do not reflect a significant overhaul of the prior…
…parties to choose specifically SCIA, SCIA, or SCIA under UNCITRAL Arbitration Rules. Model Arbitration Clause 1: Any dispute arising from or in connection with this contract shall be submitted to…
…of the Arbitration Law with the amendments of the Civil Code of 2002 and the reform of the judiciary system in 2004. However, the actual need to amend the Brazilian…
…present themselves as an alternative to the UNCITRAL rules, often considered as too heavy and as such, not satisfactory for the Parties. In light of the ever growing dissatisfaction of…
…in the country or most commonly between companies doing business with the central government. The law was greatly modeled after the UNCITRAL model law of 1985 and like most arbitration…
…proposed revision of the Dutch 1986 arbitration law is intended to fully reflect the most important provisions of the UNCITRAL Model Law, as revised in 2006. The proposed amendments are…
…para. 44; Gas Natural SDG, S.A. v. Argentina, ICSID Case No. ARB/03/10, Decision on Jurisdiction, June 17, 2005, para. 34; BG Group Plc. v. Argentina (UNCITRAL Arbitration Rules) Final Award,…
…which are consistent with the UNCITRAL Model Law, the new CCP brings a number of notable changes. Some of these changes are very positive and will most certainly help develop…
A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including…
On February 6, 2013, Achmea (a Dutch insurer, better known by its former name, Eureko) initiated UNCITRAL arbitration proceedings against the Slovak Republic on the basis of the Agreement on…
…in particular the New York Convention, UNCITRAL Model Law and national arbitration legislation in all leading jurisdictions and international arbitration practice. The treatise in divided into three principal Parts, covering…
…of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). Article 35 of the Model Law provides that “[a]n arbitral award, irrespective of the country in which it was…
…is exactly encouragement of investment. (See CME Czech Republic B.V. (The Netherlands) v. The Czech Republic, Partial Award of 13 September 2001 (UNCITRAL Arbitration Proceedings) at para. 419; cf. Mobil…
…this provision is obviously article 27 of the UNCITRAL Model Law. In what concerns the request for court assistance in taking evidence, article 27 of the UNCITRAL Model Law establishes…
…that these alleged procedural irregularities were in breach of Article 34(2) of the UNCITRAL Model Law, which sets out the grounds on which arbitral Awards may be set-aside (like many…
…position were adopted by U.S. courts, it would effectively subject annulment of awards made in the United States to the same grounds as those applicable in UNCITRAL Model Law jurisdictions….
…agreements – including those arbitrated under the UNCITRAL or ad-hoc rules. However, the DG Trade encountered push-back from member-states, with several advocating for references to one or more national arbitration…
…further participating in the proceedings. The other two arbitrators had to interpret the provisions of the UNCITRAL Arbitration Rules and reached the conclusion that a truncated tribunal can proceed to…
…appear to be no immediate plans to implement it. The draft law is based on the UNCITRAL Model Law, but it also takes guidance from a number of principles from…
…extended lease periods may even be further extended for investors investing in less developed and/or isolated regions. As Myanmar has recently implemented reform to allow its currency, the kyat, to…
…parties” (Article 34(2)(a)(iv) of the 2006 UNCITRAL Model Law). Recognition and enforcement of the award may also be refused on similar grounds (Article 36(1)(a)(iv) of the 2006 UNCITRAL Model Law,…
…and civil society reform proposals, doubling down to try to expand both the substantive investor rules and the scope of ISDR. This does not bode well, neither for the TPP,…
