UNCITRAL

News & Analysis as of

Brexit: Implications for commercial contracts

The UK electorate has voted to leave the EU - a decision that has many implications for commercial contracts. Like other supervening events, it is unlikely that Brexit was contemplated by the parties when negotiating and...more

Amendments to the Companies (Winding Up and Miscellaneous Provisions) Ordinance – A Missed Opportunity?

On 3 June 2016, the Hong Kong Government gazetted the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (“Amendment Ordinance”). The date of commencement of the Amendment Ordinance will be...more

May 2016: International Arbitration Update

García’s Green Light to Dual Nationals in Investor-State Arbitration. The decision in Serafín García Armas v. República Bolivariana de Venezuela, PCA Case No. 2013-3, Decision on Jurisdiction (Dec. 14, 2014) touches on a very...more

International Investment Arbitration in Latin America: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

All-Star Lineup Takes the Field for Korean Sports Arbitration Conference

The bases were loaded in Seoul this week as some of the heaviest hitters in sports arbitration law mixed it up in anticipation of the 2018 PyeongChang Olympic Winter Games. In his opening remarks, Conference Chair Eun Young...more

Dutch Court Sets Aside USD 50 Billion In Yukos Arbitration Awards

In a judgment handed down on 20 April 2016, The Hague District Court set aside the awards in three arbitrations rendered against the Russian Federation in investment treaty cases brought by former shareholders in Yukos....more

An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award - A case study of Mount Eastern...

The Singapore High Court’s recent decision in Mount Eastern Holdings Resources Co., Limited v H&C S Holdings Pte Ltd and another matter [2016] SGHC 01 demonstrates that the court takes great care not to overstep its...more

Arbitration Provision Rejected in Franchise Dispute

In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more

Investment in Iran After Implementation Day

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

Modeling the Model Law – what not to do

OGX Petroleo E Gas S.A., Re [2016] EWHC 25 (Ch) - In a recent judgment, Mr Justice Snowden sounded a cautionary note for applicants seeking recognition of a foreign insolvency proceeding under the UNCITRAL Model Law,...more

ADGM becomes major new offshore arbitral seat

On 17 December 2015, the Abu Dhabi Global Market (ADGM), the UAE-based international financial free zone, enacted its own arbitration regulations, thereby creating the UAE's second major offshore arbitral seat, after the...more

Reform Of The Arbitration Law In Myanmar - The Wait Is Over

On 5 January 2016, the Parliament of Myanmar passed its new and much awaited Arbitration Law. This Arbitration Law follows and gives effect to Myanmar’s ratification of the New York Convention in April 2013. One of the...more

The Long and Winding Road of Arbitration in India - Examining 20 Years of the Indian Arbitration and Conciliation Act of 1996

India cannot sustain its quest for global credibility and endeavor to be an attractive destination for foreign investment if it is believed to be an unreliable venue for enforcing foreign arbitration awards. Many...more

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

COMI and get it: international approaches to cross-border insolvencies

In our increasingly global world, cross-border insolvencies have become relatively commonplace. Lehman Brothers and Nortel Networks are just two of the matters where parallel proceedings in multiple jurisdictions were...more

International Arbitration Newsletter - January 2016

UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more

Establishing the Application of The Foreign Sovereign Immunities Act’s Arbitration Exception

On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more

United States Bankruptcy Court for the Southern District of New York Identifies New Jurisdictional Hook to Provide Chapter 15...

On October 28, 2015, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued a decision that significantly expands the jurisdictional bases that foreign issuers can rely upon...more

India Overhauls Its Arbitration Regime

Sweeping changes have been made to India's arbitration legislation, the Arbitration and Conciliation Act, 1996 (the "1996 Act"). These changes have been made through an executive ordinance and came into effect on 23 October...more

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

Further reassurance from the Indian Supreme Court for companies arbitrating Indian disputes abroad

Three years after its landmark judgment in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services, Inc., the Supreme Court of India in its decision in Union of India v. Reliance Industries has reaffirmed its commitment...more

An Introductory Guide to Arbitration in Asia

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Arbitration Update: Clause For Concern: NSW Supreme Court Decisions a Reminder Against Boilerplate Dispute Resolutions Clauses

Two recent decisions in Australia highlight the importance of adopting caution when using boilerplate dispute resolution clauses. The Supreme Court of New South Wales' decisions in Re Ikon Group Limited (No 2) [2015] NSWSC...more

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