Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of…
…can imply. In April, UNCITRAL Working Group III completed work on its draft Code of Conduct for Arbitrators and earlier this month UNCITRAL adopted it during its 56th annual session…
…The Inspiration from the UNCITRAL Model Law Many provisions are inspired by the UNCITRAL Model Law. For example, article 1231-10 of the NCPC is directly copied from article 25 of…
…in preference to any principle of positive law. Deciding cases on an ex aequo et bono basis is also permitted under Article 28(3) of the UNCITRAL Model Law, subject to…
…faith principle, especially significant since the 2016 reform. The panel took the audience through the life cycle of a contract by comparison with Israeli law – and found several similarities….
…include both institutional reforms (ICSID rules reform, UNCITRAL technical notes, and more) and grassroots research such as discussions with institutions, stakeholders, hi-tech companies’ general counsels and external counsels who expressed…
…UNCITRAL and Israel. The afternoon event started with a fireside chat with Mr. Andrés Jana, Chair of UNCITRAL Working Group II and Ms. Anna Joubin-Bret, UNCITRAL Secretary. The event also…
…picture to fill the gap, applying rules applicable to judges also onto arbitrators. UNCITRAL/ICSID Code of Conduct for Arbitrators in Investor-State Dispute Settlement After the above panel, Dr. Baltag…
…multiple initiatives have been taken, such as the 1997 UNCITRAL Model Law on Cross-Border Insolvency. For example, when the assets of an enterprise are located in different jurisdictions, a workout…
…dispute settlement are currently facing an existential crisis and undergoing a review and reform process. While efforts to reform investment treaty arbitration continue in various forums including the United Nations…
In 2019, a blog post discussed the push in Kyrgyzstan towards expanding the scope of arbitrable disputes. This trend has continued with the recent Tax Code reform, which allows tax…
…Commercial Arbitration in 1976. So, Kluwer had already been actively publishing arbitration publications for quite some time. I met with Eric several times during his UNCITRAL days. He is the…
…believes should be included in the draft bill, and the four further matters proposed by the Ministry for discussion. The White Paper commences the first significant arbitration law reform in…
…Chapter 11, which provided an ISDS mechanism for arbitration under UNCITRAL or ICSID Additional Facility Rules. As we have written previously several times, commentators focused on the “balanced” treatment enabled…
…law (i.e., the Domestic Arbitration Act 2023), was a timely reform proposal that encompasses UNCITRAL Model Law to introduce best international practices, such as expeditious procedures to recognise and enforce…
…a bold and ambitious plan for reform in Pakistan. A watershed moment of sorts, not only because the global arbitration community descended on Pakistan’s cultural hub, Lahore, but also because…
…an important consideration in terms of one of the pillars of systemic reform options discussed in UNCITRAL Working Group III – the appellate mechanism. Another important factor is the design…
…May 2023. The New Act, which is based on the revised UNCITRAL Model Law adopted in 2006 and the result of years of reform effort, significantly improves the legislative framework…
…negotiations on a Multilateral Agreement on Investment in the 1990s and continues with the ongoing discussions at UNCITRAL Working Group III (WGIII) on the reform of investor-State dispute settlement (ISDS)….
… Legal Reform of the KSA’s Arbitration Law and Its Implementing Regulation Many commentators have argued that the 1983 KSA Arbitration Law (“1983 Law”) was not effective in improving the…
…or UNCITRAL Rules), and several investor-state arbitration tribunals have had the opportunity to interpret and apply their provisions. We provide below an overview of Israel’s IIA program. Overview of…
…the statutory language deviates from the UNCITRAL Model Law. That could be read as requiring a seat which can be localized or determined at all. ICSID arbitrations, however, are delocalized….
In the forest of reform deliberations at the UNCITRAL Working Group III (ISDS Reform), the development of a draft Code of Conduct for decision-makers in investment disputes (Draft Code) was…
…to modernize ECT have been inconclusive, with some EU member states and then the EU Parliament formally declaring their intention to withdraw from ECT. If ECT reform efforts fail as…
