LIDW 2023: Arbitration in the MENA and Asia Regions
…expressed support for this reform from the perspective of principle and policy, and observed that this will likely affect the position taken by courts in Asia. In turn, Sara Masters…
Search Results for: UNCITRAL reform
LIDW 2023: Opening with Three Keynote Speeches
…Reform, or Not to Reform?” Rt. Hon. Dame Elizabeth Gloster DBE, PC spoke about the reform of the English Arbitration Act 1996 (“the Act”) – a topical issue that had…
2023 PAW Recap: Affaires d’Etats Vol. 2 – Abusive Claims Against States and How to Fight Them
…and substantive reform of international investment law. It remains to be seen whether ongoing efforts at UNCITRAL Working Group III and other fora will achieve significant improvements on this front….
Early Determination: A Secret Recipe for Arbitral Efficiency?
…the tribunals to determine early determination. UNCITRAL has adopted this approach in its legislative options, and thereby appears to be recommending that the best practice (as inferred from A/CN.9/1114) would…
ECT Modernisation Perspectives: Revamping International Investment Law: A Comparative Look at Substantive ISDS Reform in the ECT and Beyond
…postponed indefinitely due to ongoing debates about the Treaty’s future, including various withdrawals from it. The modernization process encapsulates broader reform efforts and attempts to balance protecting foreign investment while…
ECT Modernisation Perspectives: No Winners: The Long End of the ECT Modernisation Process
…standards of investment protection (FET, expropriation), excludes intra-EU ISDS from the scope dispute settlement, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration are made applicable to all ISDS…
Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations & Perspectives
…definition of success.” Finally, the Hon. Georg Kodek (Sup. Ct. Austria) provided a comparative perspective. Judge Kodek noted the uptick in adoption of the UNCITRAL Model Law on International Commercial…
Climate change, ECT Modernisation, Energy Charter Treaty, Environment, International Investment Law, International Law, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform
Climate Change and International Investment Law: What Are the Challenges and Uncertainties? Arbitration practitioners’ reflections at the 8th EFILA Annual Conference
…it. 3. Conclusion In sum, the EFILA conference had productive discussions that reinforced the idea that even though the outcome of the ECT modernization process, ISDS reform, and the…
The ISDS Reform Process: New Perspectives on the Issues under Debate
As scholars and practitioners have reported in recent years, the investor-state reform process continues to make progress at the UN Commission on International Trade Law (UNCITRAL). The most recent session…
Studying International Investment Treaties and Investor-State Disputes through a Central Asian Lens
…Many of these issues have come to the surface through the discussions ongoing at UNCITRAL Working Group III. In this context, the experiences of the five Central Asian states –…
2023 Petersberg Arbitration Days Recap: “Out of the box” – What Arbitration Can, Should, and Must Learn From Neighbouring Sciences
…audience to contribute to the upcoming reform of the German Code of Civil Procedure regarding arbitration. Rhetoric – Just Talking? A Look Into the World of Rhetoric Prof. Jörg…
Arbitration, Latin America, Mediation, Mediation and Dispute Management, Mediator, Technology, technology industry
UNCITRAL and ALARB Conference on “Dispute Resolution in the Digital Economy”
On March 7, 2023, the virtual conference organized by the United Nations Commission on International Trade Law (UNCITRAL), as well as the Latin American Arbitration Association (ALARB) titled “Dispute Resolution…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…arbitration under the UNCITRAL Rules, although, for some reason, the old 1976 rules and not the new ones, which notably include the transparency rules. Moreover, the parties involved in an…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 3 (March 2022)
…Article 34(2)(a)(iii) or (iv) of the UNCITRAL Model Law. H v. G [2022] HKCFI 1327, High Court of Hong Kong, Court of First Instance, HCCT 71/2021, 10 May 2022…
Arbitration Agreement, Australia, Competence-Competence, Jurisdiction of the arbitral tribunal, kompetenz-kompetenz
Kompetenz-Kompetenz: Should the Arbitral Tribunal Exclusively Determine Whether a Right to Arbitrate Has Been Waived?
Under the UNCITRAL Model Law and the laws of many ‘arbitration friendly’ jurisdictions, courts must refer a matter subject to a valid and operative arbitration agreement to arbitration if requested…
2023 PAW Recap – Day 4: Spotlight on Hong-Kong: Innovations in International Arbitration
…in arbitration, and second, a reform adopted in December 2022 allowing lawyers to charge outcome-related fees. Separate from Mainland China’s civil law system, HK is a common law jurisdiction. Its…
2023 PAW Recap – Day 3: Provisional Measures in International Arbitration: Strategic Lessons From Recent Practice
…from being limited to the protection of the substantive rights in dispute, to the protection of the arbitration itself, which is expressed in Article 26.2 of the 2010 UNCITRAL Rules….
2023 PAW Recap – Day 1: Rethinking Dispute Resolution
…Inn Fields, addressed the reform of the English Arbitration Act and the Law Commission Review of the Arbitration Act 1996 and, in particular, the reform of Section 69. Dominique Hascher,…
International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week
2023 PAW Recap – Day 1: In Conversation with Meg Kinnear, Toby Landau KC, and Prof. Alain Pellet on the Future of Investment Arbitration
…is also great inertia. Desired changes, if any, may take longer than expected. Despite calls for reform and introduction of “small” improvements from time to time (e.g. new arbitration rules),…
The IBA Guidelines on Conflicts of Interest: Time for a Relook?
…time inefficiencies. The Way Forward Over recent years, the UNCITRAL and ICSID secretariats have jointly released four versions of a Draft Code of Conduct for adjudicators, or arbitrators and…
California International Arbitration Week 2023: Discussion on Opportunities and New Trends in the US to Asia-Pacific Practice
…with the UNCITRAL Model Law and to allow foreign lawyers to practice international arbitration in Japan, (ii) arbitral tribunals have recently been empowered to punish for contempt, (iii) the city…
Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series
Selection and Appointment of Members to a Standing Multilateral Investment Tribunal: An Update
In preparation for the 42nd session of the UNCITRAL Working Group III (“Working Group”) in February 2022, the UNCITRAL Secretariat issued a note on “Standing Multilateral Mechanism: Selection and Appointment…
The Answer My Friend… Is Blowing In The Wind: ESG in EU-Related Supply Chains
…damages to the UNCITRAL Working Group III on ISDS reform, which provides an overview of the hot topic of damages in investment arbitration. He then underlined the role of the…
The Contents of Journal of International Arbitration, Volume 39, Issue 6 (December 2022)
…Commission’s Proposed Reform of the Arbitration Act 1996 The Law Commission of England and Wales is currently reviewing the English Arbitration Act 1996 with a view to its being reformed….