...the words of one esteemed arbitrator, it’s “a magnificent confusion.” International instruments such as the New York Convention and the UNCITRAL Model Law provide uniform standards for recognizing arbitration agreements,...
Search Results for : UNCITRAL
...are substantial across different jurisdictions). The UNCITRAL Model Law is based on the territoriality principle, and many countries which have not embraced the Model Law have nevertheless moved in its...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...third country approach is used in the UNCITRAL Model Law. It suggests that the person recommending a mediator “shall take into account the advisability of appointing a conciliator of a...
Mining Mediation Rules for Representation Opportunities and Obstacles – Vol. ...
...institution during the process. On the one hand are ad hoc procedures (such as those under the UNCITRAL Rules) where there is no institution involved, on the other are the...
Commencement of the Arbitration and Conduct of the Arbitration Articles ...
...(“New York Convention”), along with the UNCITRAL Model Law on International Commercial Arbitration. It states that enforcement of an arbitral award can be denied if courts conclude that the nature...
Imposition of Economic Sanctions: An Embargo on International Commercial Arbitration?
...Fresh Start or Old Habits Recast? The Arbitration and Conciliation Act, 1996, modelled on modelled on the UNCITRAL Model Law, was meant to cleanse the system of interpretative rigidity. The...
India’s Pathological Arbitration Clauses: Time for a Doctrinal Cure
...(“the ICSID Convention”), and a modified version of United Nations Commission on International Trade Law Arbitration Rules (1976) (“UNCITRAL”). In 2005, Mauritian investors, including notably CC/Devas (Mauritius) Limited, through an...
Sovereign Immunity
...in point is White Industries Australia Ltd. v. India, the UNCITRAL final award of 30 November 2011 and still the only publicly known investment-treaty ruling against India arising from its...
The Supervisory Court as an Organ of the State: MPRDC ...
Author: Vratislav Pechota* Published: December 1992 Topics: Proposals to Create an International Arbitration System New York Convention UNCITRAL Model Law Description: The growth of commercial arbitration has been especially conspicuous...
The Future of the Law Governing the International Arbitral Process: ...
...Middle East LLP’s Dubai office. The author has participated in international arbitrations conducted under the ICC, ICDR, ICSID and UNCITRAL Rules in the U.S., Europe, Asia, Africa and Latin America....
Hall Street One Year Later: The Manifest Disregard Debate* – Vol. ...
Author: Klaus Peter Berger* Published: January 1993 Topics: Arbitrators and Arbitral Tribunals Applicable Law Lex Mercatoria Practice and Procedure Consolidation of Proceedings New York Convention UNCITRAL Model Law Description: The...
Party Autonomy in International Economic Arbitration: A Reappraisal – Vol. ...
...UNCITRAL rules when a counsel for a party suddenly withdrew from the case a mere few weeks before the scheduled filing date of the pre-hearing submissions. Counsel did not provide...