UNCITRAL

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LCIA introduces new arbitration rules

On Friday 25 July 2014, the LCIA Court formally adopted its new arbitration rules (the “2014 Rules”). The 2014 Rules will come into force on 1 October 2014 and shall apply to any LCIA arbitration commenced from that...more

The BVI Arbitration Act: A Significant Legislative Milestone

The British Virgin Islands’ (BVI) government has announced by proclamation that the Arbitration Act 2013 will come into force on 1 October 2014. The stated intention has been to bring the Act into force at the same time as...more

March 2014: International Arbitration Update

Australia’s Highest Court Upholds Constitutionality of the Country’s International Arbitration Law. In TCL Air Conditioner (Zhongshan) Co. Ltd. v. The Judges of the Federal Court of Australia [2013] HCA 5, Australia’s High...more

Russia Joins International Convention On Electronic Communications In International Contracts

On January 17, the Russian Federation became the fourth party to the United Nations Convention on the Use of Electronic Communications in International Contracts, joining The Dominican Republic, Honduras, and Singapore. The...more

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

BVI passes new Arbitration Act

On 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. The new Act will come into force on a date to be announced. The following analysis is based on...more

Recent Developments: Mozambique—What Legal Options are Available to Investors in Oil, Gas and Mineral Resources?

Recent developments in Mozambique, including the announcement on October 21, 2013, by opposition party RENAMO (Mozambican National Resistance) that it would no longer abide by the 1992 peace pact that ended years of civil war...more

SCOTUS Set To Hear At Least One Arbitration Case This Term

The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a...more

Recent Developments: Kenya—What Legal Options are Available to Mining Companies?

Foreign mining companies with investments in Kenya whose mining licenses are cancelled and/or whose revenues decrease as a result of these new drilling charges and/or royalty schemes may be able to bring compensation claims...more

Recent Developments: Zimbabwe—What Legal Options are Available to Mining Companies?

President Robert Mugabe of Zimbabwe, who has been in power since 1980, was re-elected to another term on July 31, 2013. On August 6, 2013, the government announced plans to seize control of foreign-owned mining interests,...more

Hong Kong decision reaffirms pro-enforcement approach to arbitral awards

In Hong Kong, Article 34 of the UNCITRAL Model Law on International Commercial Arbitration provides the only redress available to a losing party in an international arbitration. In the latest development in the Grand...more

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

Arbitrational Trends -- Winter 2013

In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more

The Canada-China Foreign Investment Promotion and Protection Agreement: Investor-State Dispute Settlement Provisions

Negotiations for a bilateral Foreign Investment Promotion and Protection Agreement [“FIPA”] between Canada and China have been ongoing for over a decade. An agreement was finally signed on September 9, 2012 during Prime...more

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