…end up in the Cambodian courts if its enforcement is sought in Cambodia. Under Cambodia’s Commercial Arbitration Law, largely modelled after the UNCITRAL Model Law, the Court of Appeal in…
…majority of arbitral proceedings take place under ICSID rules and the ICSID awards have been published on the ICSID website for several years and the new UNCITRAL Transparency Rules introduce…
…to the ongoing discussions across the globe (in particular, within Europe on the TTIP) regarding the value of ISDS and the scope to bring about reform to the ISDS system….
…is concluded? Does rendering the award resolve the matter? Under Article 14(1) of the UNCITRAL Model Law (“Model Law”), an arbitrator’s mandate may be terminated for his failure to act…
…No. 18/2011, “the MA”). The solutions provided in the MA are to a large extent resembling the solutions in the UNCITRAL Model Law on International Commercial Conciliation (“the UNCITRAL ML”)….
…Poland, No 43, item 296, as amended) (“the Polish Arbitration Law”). The Polish Arbitration Law in its current form is an adoption of the UNCITRAL Model Law which was introduced…
In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history…
…the UNCITRAL Model Law. State courts generally exercised a liberal approach in connection with arbitral proceedings and awards. However, some recent developments in Hungarian law and court practice reflect less…
…was related to the harmonization of judicial practice in the light of the judicial reform on the creation of a unified judicial system, incorporating both economic and general courts, it…
…the “Parties” as the Contracting Parties. In a radical departure from the Old BIT, the Draft BIT does not give Investors an option between ICSID and UNCITRAL arbitration, and states…
…being rendered in December 2014.5)Al-Warraq v. Republic of Indonesia, UNCITRAL Award on Respondent’s Preliminary Objections to Jurisdiction and Admissibility of the Claims, subject to the APPGI, dated 21 June 2012;…
…of the UNCITRAL Model Law) and most institutional rules provide that the arbitral tribunal may decide ex aequo et bono or as amiable compositeur only if the parties have expressly…
…the UNCITRAL Model Law would not be more efficient. In fact, that is essentially what happened with the reform of the provisions on interim orders and the grounds for annulment….
In recent years, arbitration institutions have made significant progress by adopting the provisions on emergency arbitrators (“EA”). One of the biggest appeals of the new mechanism is that it allows…
…provide for alternative dispute resolution mechanisms, usually through international arbitration, and in particular arbitration at ICSID or ad hoc proceedings under the rules of UNCITRAL or other international arbitration centers….
…of the Convention The Convention is designed to provide additional scope for the application of the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration. The Rules came into effect on…
…Case Raytheon Systems Limited (Raytheon), the defendant in the proceedings, was engaged by the Home Office to design, develop and deliver a new e-border technology system to reform border control….
…also LCIA Rules (1998), Article 18.1. Compare UNCITRAL Rules (2010), Article 5; ICDR Rules (2014), Article 12; Swiss Rules (2012), Article 15.6; WIPO Rules (2014), Article 13(a); ICC Rules (2012),…
…this BIT Arbitration is administered under the UNCITRAL Rules. The Port Trust commenced proceedings under Section 45 of the Act before the Calcutta High Court seeking an injunction against LDA,…
…UNCITRAL Arbitration Rules, providing an expert, efficient and enforceable means of resolving commercial disputes when nationals from contracting states had not agreed upon an alternative means of dispute resolution. Awards…
…interference in its mining operations (Khan Resources Inc, Khan Resources BV and Cauc Holding Company Ltd v Government of Mongolia, UNCITRAL). The facts Khan took over the Dornod uranium deposit…
…provide for a “reasonable opportunity” for a party to be heard while others provide for a “full” opportunity. The procedural rules of UNCITRAL, the LCIA, ICC and ICDR all provide…
…introduced by the Fico government. The activities of insurance companies became strongly restricted, in stark contrast to the reform previously introduced. Based upon the bilateral investment treaty (BIT) between the…
…emergency arbitration is not available under the ICSID arbitration rules or the UNCITRAL Rules, which together account for most investment treaty arbitrations. General problems with emergency arbitrators in investment disputes…
