Long-Awaited New French Arbitration Law Revealed
…on the reform. The new law can be found here, as well as the accompanying commentary here. The reform concerns both domestic and international arbitration and the new provisions will…
Search Results for: UNCITRAL reform
What does Hong Kong’s new look Arbitration Ordinance mean in practice?
…come into effect later this year. Legislators have opted to base the provisions of the new arbitration regime heavily on the internationally recognised and accepted framework of the UNCITRAL Model…
Arbitration Agreements, Asia-Pacific, Commercial Arbitration, Domestic Courts, National Arbitration Laws
Policy of Minimal Intervention Reaffirmed by Singapore High Court
…a party still seek the consent of the arbitral tribunal? In some cases, rules and/or legislation answer the point – see e.g., Article 27 of the UNCITRAL Model Law and…
Irish High Court on Full Versus Prima Facie Judicial Consideration of Whether an Arbitration Agreement Exists
…court’s examination of the existence or validity of the putative agreement be? Judicial authorities in countries that have adopted the UNCITRAL Model Law on International Commercial Arbitration have split on…
Do We Need Another Arbitral Institute? Maybe.
…presence of the Permanent Court of Arbitration (“PCA”). In fact, the new facility intends to use the PCA as an appointing authority similar to that outlined in the UNCITRAL rules….
Arbitral Seats: Choices and Competition
…given the wide acceptance of the New Convention internationally it appears to be expected in most countries. Whether the national arbitration law is based on the UNCITRAL Model Law, the…
Kosovo and Arbitration – The Birth of a New State
…was passed in 2007 and is based largely on the UNCITRAL Model Law in its version before the 2006 amendment. Furthermore, given the present absence of a greater number of…
The Miami Draft: the Good Twin of the NYC*
…on all these decisions and their meaning by Albert Jan van den Berg; recommendations issued by UNCITRAL relating to the articles II (2) and VII (1). and unfortunately divergent in…
Anti-Arbitration: On Things Undeniably Good and a Different Kind of Neutrality
…the revisions to the UNCITRAL rules, providing input from a constituency that otherwise would have been absent amid service providers and academics. Not by any stretch of the word could…
Status of the Work of UNCITRAL’s Working Group II
The sense of relief enjoyed by NGO observers and other followers that UNCITRAL Working Group II’s Arbitration Rules revision project was finally completed in the Summer of 2010, after seemingly…
New Arbitration Law in the Republic of Georgia
…Parliament soon. 3)www.parliament.ge. Recently, UNCITRAL included Georgia in its list of countries which enacted legislation based on the Model Law. 4)www.uncitral.org. The previous Georgian legislation, contained in the 1997 Private…
Why doesn’t New York Consider Adopting the Model Law After Florida’s Example?
Often viewed as one of the leading locations for international arbitrationss, why doesn’t the state of New York have a separate arbitration act for international arbitrations? Is it simply unnecessary?…
Zimbabwe’s Hitting the Arbitration Headlines
Following the controversial land reform programme first introduced by President Robert Mugabe in July 2000, Zimbabwe has found itself in hot water of late, with a number of international disputes…
Why Canada Leads as the Model Law Turns 25
It is true that Canada did not qualify for FIFA’s World Cup and did not dominate at the Winter Olympics. However, when it comes to the UNCITRAL Model Law on…
Effective July 1, 2010, Florida’s Arbitration Act Now Incorporates the UNCITRAL Model Law on International Commercial Arbitration
…the UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). On May 12, 2010, Governor Crist signed into law Bill CS/HB 821 modifying Florida Statutes Chapter 684. Effective on July…
A View from the Mountain Top: A Challenge to International Arbitral Practice in Thomas Mann’s Magic Mountain
…the nation state, education, penal reform, free trade and the progress of human history. Settembrini adopts the view that mankind is not only capable of progress but that the previous…
Arbitration Agreements, Arbitration Institutions and Rules, Arbitration Proceedings, Costs in arbitral proceedings, Disclosure, Domestic Courts, United States
Can Discovery Costs be treated as Arbitration Costs?
…the arbitration”. In the context of UNCITRAL or institutional arbitration, it should be seen whether the applicable arbitration rules permit to treat such costs as costs of the arbitration. It…
Will U.S. Lack of Consensus on Investment Protection Slow the TPP Negotiations?
…2005, the vast majority submitted either under the ICSID, the ICSID Additional Facility or the UNCITRAL Arbitral Rules. (UNCTAD, “Latest Developments in Investor-State Dispute Settlement,” 2010, available at https://www.unctad.org/en/docs/webdiaeia20103_en.pdf). (These…
Land Reform and Investment Arbitration in Southern Africa
…ambitious forms of land reform. Proposed land reform measures tend to be viewed through the prism of domestic constitutions and their property rights guarantees. However, matters don’t end there. Foreign…
More Uncertainty about § 1782’s Extension to International Arbitral Proceedings
…ago in the Chevron case that an international arbitral tribunal operating under the UNCITRAL Rules constitutes a “foreign tribunal” for purposes of § 1782 largely because the arbitration arose out…
UNCTAD reports on latest developments in investment treaty arbitration
…225 at ICSID, 91 under the UNCITRAL Rules, 19 under the SCC Rules, eight administered by the Permanent Court of Arbitration, and 5 with the ICC. There are four ad…
Chevron’s Discovery of Crude Outtakes
…noted that several circuits have “held that international arbitral bodies under UNCITRAL rules constitute ‘foreign tribunals’ for purposes of Section 1782. This Court agrees.” Regarding whether a documentary film enjoys…
Piercing the Corporate Veil and Enforcement
…Local courts might annul the arbitration award against the parent company if the arbitration agreement was not in writing. However, UNCITRAL noted in its report on written form for arbitration…
Dispute Resolution in Abu Dhabi (Part 2) – Do We Have The Time, Or Luxury, To Rely Only On Arbitration As The Only “Alternative” in ADR?
…a fair deal of the debate on arbitration reform, especially in the USA and UK has been framed on the baisis of a comparative analysis with the processes in the…