Dubai – a hub for international arbitration?
…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…
Search Results for: UNCITRAL reform
Asia-Pacific, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Legislation
A New Foreign Investment Law in Myanmar
…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…
Appointment of arbitrators, Arbitration Agreements, Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Hong Kong, ICC Arbitration, Joinder, Set aside an arbitral award, Singapore International Arbitration Centre
Institutional Overreach? Institutional Arbitral Rules versus Parties’ Express Agreement
…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,…
CAFTA, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, NAFTA, Trans-Pacific Partnership
Brewing Storm over ISDR Clouds: Trans-Pacific Partnership Talks – Part II
…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,…
A Response To The Critics Of “Profiting From Injustice”
…the past two decades, promoting new cases and investor-friendly rulings, and lobbying against reform. We also argued that the current investment arbitration regime is neither fair nor independent, but biased…
Dispute Resolution, Investment, Investment agreements, Investment Arbitration, Investment protection, Uncategorized
International Investment Law and Policy: Highlights from 2012
In the final days of 2012, I spent some time flipping back through the stories we’ve covered at Investment Arbitration Reporter, looking to identify the year’s most notable developments. I’ve…
Arbitration, Asia-Pacific, Domestic Courts, Domestic law, Enforcement, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized
Arbitration and Administrative Law – When Two Worlds Collide
…their case, was described by UNCITRAL in 1985 as the “Magna Carta of Arbitral Procedure”. Yet the Model Law does not in Articles 34 and 36 give an unfettered right…
Latest Developments Concerning European Bilateral Investment Treaties
…precisely been advanced by the Czech Republic in Eastern Sugar v. Czech Republic (Eastern Sugar B.V. v. The Czech Republic, SCC No. 008/2004, UNCITRAL (Partial Award of 27 March 2007)…
Swinging the Pendulum towards Arbitral Independence: A growing Consensus on the Treatment of Interim Orders in Arbitral Proceedings by National Courts?
…the Order. The claimants subsequently applied to the Court under section 24 of the Singapore International Arbitration Act (IAA) and Article 34 of the UNCITRAL Model Law on International Commercial…
Arbitration in Spain (II): the race to create a regional arbitration court for Latin America
…Nations Commission on International Trade Law (UNCITRAL), International Federation for Commercial Arbitration Institutions (IFCAI) and International Bar Association (IBA). Nonetheless, this new direction for the CAM is driving its ambitions…
Arbitrating in China – What Interim Measures are Available from the Courts?
…in the CPL and explicitly provide Chinese courts with the power to order, upon the request of a party, specific performance or injunctive measures. This reform is no doubt a…
Asia-Pacific, Enforcement, Hong Kong, Jurisdiction, New York Convention, Singapore International Arbitration Centre
Recourse against an international arbitration award made in Singapore
…Act: (a) Art 16 of the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”), which provides, among other things, that a tribunal can rule on jurisdiction as a preliminary…
The loser pays it all: Hong Kong Court of Appeal confirms principle of indemnity costs for failed set aside application
…the basis of breaches of Article 34(2)(a)(ii) and (iv) of the UNCITRAL Model Law. The Court held that Pacific China had been “unable to present its case”, and that the…
Pieter Sanders, 1912-2012
…UNCITRAL organized a conference to talk about the 1976 Rules in which his hand had been so dominant. Many speakers, thinking no doubt that they were flattering the master, seemed…
Pieter Sanders, 1912-2012
…Guide to the Interpretation of the New York Convention, exchanged views on the drafting of the 2010 UNCITRAL Arbitration Rules and filmed an extensive interview to mark ICCA’s 50th Anniversary…
In Memoriam Pieter Sanders
…us to make the trip together. The rational plan would be to wait until October. I could combine the trip with a week spent in Vienna at UNCITRAL Working Group…
Memories: Pieter Sanders – Centenarian
…of ICCA in 1961 and its president for many years; drafter of the 1976 UNCITRAL Arbitration Rules; General Editor of the ICCA publications (in particular the Yearbook Commercial Arbitration); drafter…
Must we be so Redactionary?
Transparency of investment treaty arbitration is back on the radar this week as delegations convene in Vienna for the latest meeting of the UNCITRAL Working Group II on Arbitration and…
The Bharat Aluminium Case: The Indian Supreme Court Ushers In a New Era
…and UNCITRAL Model law, exhort Indian courts to become more arbitration-friendly and thereby less prone to intervene in the arbitral process. To this end, BALCO certainly lives up to the…
Arbitration, Arbitration Agreements, Arbitration clause, Brazil, Domestic law, English Law, International arbitration, Law governing the arbitration agreement, Seat of the arbitration, UNCITRAL Model Law
Further Thoughts on Sulamerica: What About Transnational Rules?
The English Court of Appeal’s recent decision in Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA [2012] EWCA Civ 638, which is discussed in a recent post by…
Confidentiality, Confidentiality and Transparency, Costs in arbitral proceedings, ICC Arbitration, ICSID Convention, Investment Arbitration, NAFTA, Not-for-profit organizations (NGO), Transparency in investment arbitrations, UNCITRAL Model Law
The Prospects for Amicus Submissions, Outside the ICSID Rules
…nonparty submissions, and place the issue squarely within the arbitrators’ discretion to decide. But the ICC Rules, like the current version of the UNCITRAL Rules, are silent. The UNCITRAL working…
Marking their Territory: Bharat Aluminum v Kaiser Aluminum Technical Services (2012)
…UNCITRAL in the 18th Session at Vienna in 1985. The principle, as the Report of UNCITRAL on 18th Session stated, means that Model Law would only apply where the place…
Why numbers matter
…led to a different conclusion in Itochu vs. Blumenthal. While a reform of the English Arbitration Act 1996 is obviously not on the cards in the near future, a similar…
Arbitration, Domestic Courts, Enforcement, Middle East, New York Convention, Public Policy, Review on the merits
Enforcement of New York Convention Awards in the UAE (Part II): THE DIFC as “host” jurisdiction?
As explored in some detail in Part I of this blog post, recent UAE supervisory court case law has heralded a new era of enforcement of international awards in strict…