…the challenge by a separate award. Under the German provision corresponding to art.16(3) of the UNCITRAL Model Law (§ 1040(3) of the German Code of Civil Procedure), Slovakia applied to…
…Venezuela continues it torrid nationalization spree, I suspect we will see some of the affected parties opting for UNCITRAL/PCA arbitration, ostensibly so as to spare Venezuela from being dragged to…
…arbitration rules such as UNCITRAL (2010), ICC (2012), Swiss Rules on International Arbitration (2012), CIETAC (2012) specifically point out the milestone that such a truncated situation will only be considered…
…rejected this and offered instead a number of different options, both institutional and UNCITRAL arbitration. We just received the following ultimatum from the customer: “As per our legal advice, your…
…Final Award on Jurisdiction and Merits, Ad hoc – NAFTA/UNCITRAL Arbitration Rules, para. 7 Australia and Uruguay might therefore argue that, even if there had been a substantial deprivation of…
…WL 2927615, at *6 (D.N.J. Oct. 11, 2006). Oxus Gold involved an arbitration seated in London under the UNCITRAL Rules arising out of a bilateral investment treaty (“BIT”). The court…
…trading partners are to some extent counter-balanced by the additional complexities of dealing with the particular trade concerns relating to these major economies, particularly Japan (where reform in agriculture, autos…
…the “most up-to-date version of the UNCITRAL Arbitration Rules,” such as treaties providing for application “of the version of the UNCITRAL Arbitration Rules as in effect at the date of…
…Vaud (Lausanne), and Zurich, joined later by Neuchâtel). The 2004 Rules were based on the UNCITRAL Arbitration Rules, although they were adapted by the Chambers for use in an institutional…
…the end of 2003 (Ley 60/2003, de 23 de diciembre), replacing the 1988 Act and correcting various technical shortcomings. The Spanish Act is based on the UNCITRAL Model Law of…
…its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics published every year by the…
…enforcement locally. Pending the reform of the Brussels Regulation, there is still little clarity on the interface between the jurisdiction of arbitral tribunals and the jurisdiction of the courts. This…
…was the first Asian country to adopt the UNCITRAL Model Law and (3) has a judiciary that has been consistently supportive of the arbitral process. Our book also points out…
The notion of ‘investment’ has been one of the most controversial issues in arbitral proceedings instituted under the ICSID Convention. The award rendered by the UNCITRAL arbitral tribunal in Romak…
…jurisdiction, the aggrieved party has no recourse to judicial review (PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [2007] 1 SLR 597). A Law Reform Committee Report of January…
…ICC award in India against state-owned mining company, Coal India, over the supply of equipment and development of a coal mine, White Industries Australia Limited (‘White’) commenced UNCITRAL proceedings in…
…and numerous other private arbitration institutions. The arbitration law of 1838 was later revised on the basis of the UNCITRAL Model Law of 1985. The current 1986 Dutch arbitration law…
…Institute for Legal Reform (“ILR”) and the European Justice Forum (“EJF”) have expressed concern that the Code is not a sufficient replacement for the development of binding, official regulation of…
…of the Code—particularly about lack of detail and non-binding status—raised by the U.S. Chamber of Commerce Institute for Legal Reform and the European Justice Forum (the latter in comments on…
…published in 1986 (not following the UNCITRAL Model Law) and despite being considered a progressive law at the time it was clear that it lacked the ability to respond to…
…reform the Brussels Regulation will go some way to reduce this issue, any amendments may take several years to pass through the European parliament. It remains to be seen whether…
…and 36 of the Ordinance, which incorporate Articles 17 and 17A of the UNCITRAL Model Law as revised in 2006, regarding the power of the arbitral tribunal to order interim…
…“trial by press release” instead of the neutral and objective dispute resolution mechanism that arbitration is expected to provide. The latest legislative reform in France shows, however, that these arguments…
…such reform is likely to take time, there remains the real possibility that the English courts may, before any such reform, be faced with enforcement proceedings under the Regulation of…
