…the health insurance system. The reform envisaged the creation of a single, state-run health-care insurer, squeezing out the two existing private health insurance providers, one of them being an Achmea-controlled…
By a recent judgment in Malini Ventura v Knight Capital Pte Ltd and others [2015] SGHC 225 (“Malini“), the Singapore High Court affirmed its commitment to the primacy of arbitration…
…Redress System for Consumer Disputes: Clarifications, UNCITRAL Works & EU Regulation on ODR”, International Journal of Online Dispute Resolution, 2014, volume 1, issue 1, page 57, and “Now where do…
…with Australia’s current approach to the negotiation of trade and investment treaties, and makes a number of recommendations for reform. This post will consider two of the recommendations made by…
…recently, general practice notes for SIAC-rules and UNCITRAL-rules arbitrations. Likewise, last year HKIAC released guidance notes on challenges to arbitrators. In 2012, the ICC revised its own notes on the…
…of this decision strongly backed the decision of the Higher Regional Court. The German Arbitration Law is based on the UNCITRAL Model Law and provides that an arbitral award may…
Summer fun Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this…
…large-scale reform which provided for substantial changes in the Russian arbitration legislation. In the course of this reform two draft laws were proposed: the Draft Law on Arbitration in the…
…and subject to an appellate mechanism.2)https://www.europarl.europa.eu/news/en/news-room/content/20150702IPR73645/html/TTIP-ease-access-to-US-market-protect-EU-standards-reform-dispute-settlement and https://hsfnotes.com/publicinternationallaw/2015/07/13/the-future-of-isds-in-the-ttip-european-parliament-recommends-a-new-system-of-judicial-decision-making/ In other words, the European Parliament’s clear preference is for dispute resolution to occur in a public court-centric based system, not by…
…of the UNCITRAL Model Law (i.e., the 2006 version). Hong Kong is the first Asian jurisdiction to adopt the latest version of the UNCITRAL Model Law. Its arbitration legislation, the…
…(founders, shareholders, members) related to the establishment, activity, management and termination of the company. The issue is that in 2011 Ukraine had carried out domestic arbitration reform and certain changes…
…view that: The case for reform is clear…‘Old style’ international investment agreements have increasingly come to a dead end. Reform should make the global network of international investment agreements better…
…Justice Al Muhariri relied upon the 2012 Digest of Case Law on the UNCITRAL Model Law (the DIFC Arbitration Law being modeled on the Model Law): “The public policy defence…
…public interest, a factor frequently referred to by tribunals arbitrating under the UNCITRAL Rules. As only two of these new BITs have entered into force, the impact any of these…
…it ameliorates the risk of any parochialism associated with national courts exercising curial control over investment disputes commenced under the UNCITRAL Arbitration Rules. This would bring investment disputes seated in…
…national treatment principles by affording substantive appeal rights to foreigners not available to domestic firms, risk impeding domestic regulatory reform (regulatory chill), include safeguards and carve-outs of uncertain effect, lack…
…world. In addition, many Arab states began adopting national legislation in favor of arbitration, often times based on UNCITRAL Model Law or on the 1981 French Law of Arbitration. In…
…the need and the appropriateness of a reform began back in 2012, when Brazilian Senator Renan Calheiros proposed the creation of a Commission of Jurists in the Senate to discuss…
…Centre (VIAC), a regional and global leader in dispute resolution, will celebrate its 40th birthday this coming September. Also this week in Vienna, the UNCITRAL Commission will discuss whether its…
…parties to an arbitration are often free to agree on the procedure to be followed (as reflected, for example, in Article 19 of the UNCITRAL Model Law on International Commercial…
…judicial procedures in Ecuador. It is a long expected and generally very welcome reform in the Ecuadorian judicial system. It replaces an outdated spaghetti bowl of judicial norms, some of…
…UNCITRAL Arbitration Rules, rendered, however, upon a court order. Due to the poor and inaccurate wording of Article 33.4, both interpretations could be sustained and it will be up to…
…the number of claimants in a single procedure. In PV Investors v. Spain (UNCITRAL Rules), a group of 16 investors commenced arbitration against Spain. At the very end of 2014,…
…such as the UNCITRAL Rules or the CPR Non-Administered Arbitration Rules. The incorporation of these rules provides a non-negotiable framework for the proceedings, which is essential when disputes arise. By…
