…Siemens v. Argentina (ICSID Case No. ARB/02/8 – August 3, 2004); National Grid v. Argentina (UNCITRAL – June 20, 2006); and RosInvest v. Russian Federation (SCC Case No. V079/2005 –…
…with the reform of the Arbitration Act of 2003. The United States’ statute on arbitration, the Federal Arbitration Act (“FAA,” found at 9 U.S.C. Section 1 et seq.) was enacted…
…The QFC has set Arbitration Regulations in 2005, which are based on the UNCITRAL Model Law; however, until today there were no cases trialed under the QFC Rules. Until today…
…issues are most pronounced in Vietnam, where despite some progress toward reform it is unclear whether the government has the political will to rein in SOEs and reduce the preferential…
…Arbitration Act, based on the UNCITRAL Model Law, is pending before the National Assembly. Ijaz Ahmed, Ijaz Ahmed & Associates, Karachi, Pakistan Laurence Burger, Winston & Strawn LLP, Geneva, Switzerland…
…case or establish their defense. Granted, those of us in-house counsel wanting reform may not be rocket scientists (actually, I know an in-house lawyer who was a nuclear engineer in…
Costa Rica has a new Arbitration Law, which is based on the 2006 version of the UNCITRAL Model Law. The relative speed with which the new Arbitration Law was adopted…
…the internationally-recognised and accepted framework of the UNCITRAL Model Law (the “Model Law”), with certain modifications (and additions) which reflect the specific features of arbitration in the region. Overview The…
…nationality of arbitrators – either expressly or through the incorporation of institutional rules, including the ICC, LCIA and UNCITRAL rules (e.g. in order to support the arbitrator’s perceived neutrality). Since…
In the recent investment treaty case Alps Finance Trade AG v Slovak Republic, an UNCITRAL tribunal had to consider whether Alps had satisfied the obligation contained in Article 9 of…
…two decades. What it now urgently needs is a five-year plan to reform and modernise its courts and create the necessary infrastructure for arbitration to flourish in its shores. A…
…efficiency at the cost of not having their case properly heard; the trick is to reform matters such that the admitted or agreed excesses of arbitration are reduced without sacrificing…
…New York Convention. This amendment foreshadowed UNCITRAL’s addition of Article 17J to the UNCITRAL Model Law the following year. Article 17J expressly provides that courts located outside the arbitral seat…
…reform, it is proposed that Hong Kong will roll out a Financial Dispute Resolution Centre (“FDRC”) in 2012. The FDRC is intended to be a platform for retail investors who…
…exists, a state court would have to stay proceedings. Berger suggests that instead of amending a national statute, an international solution should be explored, e.g., UNCITRAL could prepare an interpretation…
…Convention intended that international arbitration be speedy, efficient and effectively enforced; the drafters of the UNCITRAL Model Law had similar objectives, including by requiring prompt challenges to jurisdictional awards (in…
…dominated by either ad hoc proceedings or ICSID proceedings. Ad hoc proceedings, although not always, frequently rely on the PCA to act as appointing authority and use the UNCITRAL Arbitration…
…the practice of international arbitration. Rules could be UNCITRAL in the absence of expressed preferences, i.e., “where both parties have expressly stated at the time of signing the pledge a…
…the UNCITRAL Rules are adopted, therefore, the arbitration will remain very much a CIETAC administered (rather than ad hoc) arbitration. In addition to the limitations of the CIETAC/UNCITRAL model in…
Will a court injunct arbitral proceedings if parties, before an arbitration hearing, allegedly reach a settlement agreement and a dispute subsequently arises over the existence of such an agreement? Is…
…a sophisticated and transparent set of arbitration laws will be necessary in parallel with any wider judicial reform – these decisions might be three small steps down such a road….
…UNCITRAL) are now comfortable with SIAC arbitration. They will propose SIAC arbitration to their counter-parties, or will at least agree to SIAC arbitration when it is offered to them, even…
…the FAA into line with the UNCITRAL Model Law, which offers a “pleasing symmetry” between (1) the grounds for refusing enforcement, and (2) the grounds for vacating awards. See RESTATEMENT…
…of Hong Kong court litigation – where many parties feel compelled to go to mediation by the Civil Justice Reform. However, arb-med / med-arb should not be dismissed out of…
