...these UNCITRAL cases, ICSID has not done so on the basis of a decision adopted by the ICSID Administrative Council. Nor has ICSID adopted a special procedure to run UNCITRAL...
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...257, 257 (Emmanuel Gaillard & Domenico di Pietro eds., 2008). [3] UNCITRAL Model Law on International Commercial Arbitration, Art. 16(3) (1985) [‘UNCITRAL Model Law’], https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19-09955_e_ebook.pdf. [4] Id. [5] UN Doc...
Between Scylla and Charybdis: Should Negative Jurisdictional Decisions by the ...
...the views of the Review. [3] UN Comm’n on Int’l Trade Law (UNCITRAL), UNCITRAL Arbitration Rules (Dec. 16, 2013), art. 17.1 [hereinafter UNCITRAL Arbitration Rules]. [4] Id., art. 28.4. [5]...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
Author: Daniel M. Kolkey* Published: December 1990 Description: “It’s not broken; don’t fix it.” That is often the response to proposals to reform the Federal Arbitration Act (the “FAA” or...
Reflections on the U.S. Statutory Framework for International Commercial Arbitration: ...
...liberally or in a restrictive manner. (a) UNCITRAL Model Law: The second footnote to Article 1 of the UNCITRAL Model Law purports to give a broad and wide interpretation to...
Is the New York Convention Applicable for the Enforcement of ...
...in most countries. Confidentiality has not been made mandatory under the UNCITRAL Model Law. On the contrary, party autonomy has been given a higher pedestal. Furthermore, the UNCITRAL Arbitration Rules...
Confidentiality in International Commercial Arbitration: Determining Factor for Safeguarding the ...
...from the weight that the Tribunal will accord to his evidence.”) [17] UNCITRAL Model Law on International Commercial Arbitration, Art. 18 (1985), https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19-09955_e_ebook.pdf. [18] Gary Born, International Commercial Arbitration, Pg....
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...inter-governmental and non-governmental organizations. UNCITRAL entrusted the Working Group with a broad mandate to identify concerns regarding investor-State dispute settlement. The Group has distinguished three areas of concern: (1) the...
Columbia Arbitration Day 2020
...and arbitrator in more than 45 high-stakes, cutting-edge commercial and investment treaty arbitrations conducted under the auspices of ICSID, ICC, PCA, ICDR, as well as under the UNCITRAL Rules, in...
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...by the 1985 UNCITRAL Model Law on International Commercial Arbitration (“1985 Model Law”), though this influence is not obvious from its text.[3] Notwithstanding considerable differences between the BAA and the...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
The Review of Arbitral Awards’ Manifest Errors of Law in ...
...https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/arb-notes-2016-e.pdf. [7] UNIDROIT Principles of International Commercial Contracts, art. 1.4 (2016), https://www.unidroit.org/instruments/commercial-contracts/unidroit-principles-2016; David Oser, The UNIDROIT Principles of International Commercial Contracts: A Governing Law? 7, 10 (2008). [8] ICC Rules...