UNCITRAL

News & Analysis as of

Update on CAJAC

The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai International Arbitration Centre (SHIAC). One of the main reasons for the...more

Mainbrace: March 2017 (No. 2)

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

Two steps forward, one step back - the new arbitration law in Qatar

On 16 February 2017, Qatar issued a new law on arbitration, inspired by the UNCITRAL Model Law, an international template for law on arbitration. This new Arbitration Law comes at a time when Qatar (like other countries...more

Arbitration Foundation of South Africa goes global

The Arbitration Foundation of South Africa (AFSA) was founded in joint venture by organised business, with members of the legal and accounting professions in 1996. In its 21 years in operation, AFSA has successfully...more

2nd Circuit Tilts the Scale in Favor of Discovery in Aid of Arbitration

The recent decision by the United States District Court for the Southern District of New York in In re Ex Parte Application of Kleimar N.V., No. 16-MC-355, 2016 WL 6906712 (S.D.N.Y. Nov. 16, 2016) (“Kleimar”), which allowed...more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

Financial Services Quarterly Report - Fourth Quarter 2016: European Commission Proposes to Harmonise Insolvency Laws across Member...

The European Commission (EC) announced proposals on 22 November 2016, which are intended to harmonise national insolvency laws across the EU through a proposed directive “on preventative restructuring frameworks, second...more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Hong Kong - The Gold Standard of International Arbitration in Asia

According to the 2015 International Arbitration Survey conducted by Queen Mary University of London, Hong Kong is the third most preferred seat of international commercial arbitration in the world, behind only Paris and...more

Enforcement of Foreign Judgments and Arbitral Awards in the Kingdom of Saudi Arabia

In 2012, the Kingdom of Saudi Arabia introduced a new Arbitration Law (the “Arbitration Law”) which replaced the previous Arbitration Law of 1983. The Arbitration Law is largely based on the 1985 UNCITRAL Model Law on...more

Singapore: Asia Pacific’s Debt Restructuring Hub?

Earlier this year the Committee to Strengthen Singapore as an International Centre for Debt Restructuring (the “Committee”) published, and the Singapore Ministry of Law accepted, recommendations aimed at enhancing Singapore’s...more

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

A recent case may represent a tangible sign that the enforcement of foreign arbitral awards in KSA has entered a new era. Saudi Arabia has recently enforced a US$18.5 million foreign arbitral award rendered under ICC Rules,...more

Russia Implements Arbitration Reform

Russia has significantly revised its arbitration laws as of 1 September 2016. On that date, two laws—the Federal Law “On Arbitration (Arbitral Proceedings) in Russia” and the Federal Law No. 409-FZ—come into effect, and amend...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

The Validity of Arbitration Clauses in Concession Agreements

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Singapore to Become International Centre for Debt Restructuring

Singapore to Become International Centre for Debt Restructuring August 04, 2016 Singapore is set to adopt the recommendations of the Committee to Strengthen Singapore as an International Centre for Debt Restructuring....more

Arbitration Article Series IV. Enforcing Arbitration Awards

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Argentina: From International Market Isolation to Promising Opportunities for Investors

Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

Quantum Quarterly - Issue VIII – 1st Quarter 2016

We are pleased to present the latest edition of Quantum Quarterly, a publication of King & Spalding’s International Arbitration Group. This edition features an interview with Suzana M. Blades and Alberto F. Ravell, Managing...more

New OHADA Uniform Act Streamlines Collective Insolvency Proceedings

Innovations to the Act in late 2015 seek to modernize and simplify collective proceedings in OHADA member states. On 10 September 2015 in Grand-Bassam (Republic of Côte d’Ivoire), the Organization for the Harmonization...more

Upholding parties’ agreement to arbitrate and case management of claims against multiple defendants - A case study of Maybank Kim...

Executive summary - The appellant, Maybank Kim Eng Securities Pte Ltd (Kim Eng) had commenced an action against its customer and her husband-remisier. The High Court’s Assistant Registrar (AR) ordered a stay of...more

New Qatar Public Procurement Law

Last week the State of Qatar implemented a new public procurement law. The new law further aligns Qatar's public procurement laws with international best practice and should streamline public procurement in Qatar....more

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

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