Portuguese Arbitration Law: A Gateway to Portuguese-Speaking Countries?
…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…
Search Results for: UNCITRAL reform
Route 66: Diverting the Italian Torpedo
…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…
HKIAC Administered Arbitration: New Rules for the New Lunar Year
…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…
Kingsbridge Capital Advisors v. AlixPartners: What Confidentiality in Arbitration?
…“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…
Declaratory award held enforceable by English Court of Appeal: further support for reform of the Brussels Regulation
…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…
Chevron Ecuador Dispute Heats Up
…Case.” The tribunal was at pains to emphasize the interim award was final and binding under Article 32 of the UNCITRAL Rules, which means that Chevron could pursue recognition and…
Appeals on a Point of Law in the English Courts: Further Restrictions
…UNCITRAL Model Law and most other national systems, the provisions of the UK Arbitration Act are clear that there may be circumstances in which an appeal on a point of…
Annulment, Anti-arbitration, Appeal, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, BIT, Foreign Investment Law, ICSID Convention, International arbitration, Investment Arbitration, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz, New York Convention, Pre-arbitration Dispute Settlement Procedures, Principle of finality, Set aside an international arbitral award
The Unavoidability of Uncertainty: One Lesson from the Recent U.S. Court Ruling in Argentina v. BG Group
…to greater use of ad hoc UNCITRAL arbitration, or arbitration before institutions other than ICSID, to avoid the perceived vagaries of the ICSID annulment process. Yet commentators often forget that…
Arbitration, Arbitration Act, Arbitration Awards, Commercial Arbitration, Domestic Courts, Eastern Europe, Enforcement, English Law, European Law, New York Convention, Pro arbitration
Declaratory award held enforceable by English court: a healthy move for arbitration?
…can result in inconsistent judgments within Europe. It may be that the current proposals to reform the Brussels Regulation will go some way to temper this risk. The European Parliament’s…
A judge by any other name? Arbitrator challenges in state-to-state disputes
…lack of independence. Mauritius argued, drawing on case law under the UNCITRAL Rules, the LCIA, ICSID, and the IBA Guidelines on Conflicts of Interest in International Arbitration, that an “appearance…
Arbitration Awards, draft Restatement, Enforcement, European Convention on International Commercial Arbitration 1961 (ECICA), Federal Arbitration Act (FAA), forum non conveniens, Inter-American Conventions, New York Convention
December Surprise: New Second Circuit Ruling on Forum Non Conveniens in Enforcement Proceedings
…permeates the Convention from beginning to end.”). Finally, and most recently, the UNCITRAL Model Law on International Commercial Arbitration applies only to “international commercial arbitration,” defined to encompass situations where:…
Launch of P.R.I.M.E. Finance Arbitration Rules: dispute resolution in global financial markets
…inspired by the 2010 UNCITRAL Arbitration Rules and have been adjusted, to tailor to the needs of arbitration in the financial markets. Input has been sought from the dispute resolution…
Can States Assert Counterclaims Against Investors in BIT Proceedings?
…decisions on counterclaims under the UNCITRAL Rules (see, e.g., Saluka v. Czech Republic), the tribunal noted that “[b]eing the party asserting that the Tribunal has jurisdiction to hear and determine…
Key Developments in Relation to Arbitration in Dubai
…the UNCITRAL Model Law. We learned that the former was not a real concern for lawyers not based in the country full-time; while the latter is apparently back on the…
Growing number of countries allowing exclusion agreements with respect to annulment warrants greater scrutiny of arbitration clauses
…expressly allow such a waiver. Moreover, in a number of countries, this question has not yet been submitted to courts, leaving the position uncertain. Article 34 of the UNCITRAL Model…
Ecuador Appeals Court Affirms Lago Agrio Judgment
…plan to draft the judgment; and (4) expert linguistic testimony that the judgment was not written by Judge Zambrano. Yesterday Chevron has also filed a motion with the UNCITRAL arbitration…
Annulment, Arbitration Awards, Arbitration Institutions and Rules, arbitrators’ conduct, BIT, Investment agreements, Investment Arbitration
Iura Novit Curia in Investment Treaty Arbitration: May? Must?
…this is but an option….” A similar delineation was recognized by the tribunal in CME Czech Republic B.V. v. Czech Republic, which was heard under the UNCITRAL rules. In CME,…
Arbitral seat, Arbitration clause, China, Enforcement, Hong Kong, Mediation, Set aside an international arbitral award, Sovereign Immunity, UNCITRAL Model Law
Hong Kong’s arbitration year in review: a Christmas blog
…and accepted framework of the UNCITRAL Model Law, the new Ordinance was designed to provide maximum party autonomy and minimal court intervention. With a host of features including expanded provisions…
Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration Proceedings, India, Provisional measures, Set aside an arbitral award, UNCITRAL Model Law
Interventionist, No More?
International consciousness that India is an arbitration unfriendly jurisdiction has existed for some time now. This feeling owes in part to seemingly interventionist judicial views, in part to the delays…
The Rise and Rise of the Arbitration Institution
…unsurprisingly the UNCITRAL Rules make the most appearances as the preferred rules of institutions. I cannot tell you how many arbitrations each institution has each year since most do not…
Controlling Time and Costs in Arbitration: A Progress Report (Part 2 of 2)
…drop in the bucket, unless the users of the system also reform their expectations and practices. The 2011 Chartered Institute of Arbitrators cost survey revealed that fully three-quarters of the…
Controlling Time and Costs in Arbitration: A Progress Report (Part 1 of 2)
…institutional reforms (no matter how vigorous) always will be a mere drop in the bucket, unless the users of the system also reform their expectations and practices. My reflections in…
Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings
Barring the Courthouse Door? Anti-Suit Injunctions in International Arbitration
…there any lessons to be learned for international arbitration generally? Would it be useful, for example, for UNCITRAL or UNIDROIT to draw up non-binding Principles of International Arbitration that, in…
State of Necessity, a three-star Michelin standard in Investment Arbitration
…claims by investors before the International Centre for the Settlement of Investment Disputes (ICSID) and also under UNCITRAL rules like never before against one single State. It was in the…