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UNCITRAL


Trump’s damaged NAFTA deal
USMCA bears many resemblances to NAFTA, which has been cited as a driver of low-wage corporate outsourcing.
The limitations of the UNCITRAL process on ISDS reform
The UNCITRAL process runs a real risk of producing middle-ground solutions that will fail to address the fundamental flaws of the ISDS system and will only further institutionalise and re-legitimise the system.
More than 300 civil society organizations from 73 countries urge fundamental reform at UNCITRAL’s Investor-State Dispute Settlement discussions
More than 300 civil society groups and trade unions urged governments participating in United Nations meetings in Vienna to completely overhaul the controversial Investor-State Dispute Settlement (ISDS) system.
Swiss foreign investor claims it suffered US$264 million in damages caused by South Korean government
This is the fourth ISDS dispute this year in which the South Korean government is embroiled.
Corporate lawyers hijack UN meeting, while civil society is sidelined
The takeaway from the UNCITRAL’s process for its so-called "reform" discussions is that lawyers making millions in ISDS cases are welcomed, while the voices of the millions of people whose lives are harmed by ISDS cases brought by multinational corporations are barely an afterthought.
UN agrees to start work on multilateral reform of investment dispute settlement
The United Nations has agreed to initiate work on possible multilateral reform of investment dispute settlement including the possible establishment of a multilateral investment court.
Comment: Selling the proposal for a multilateral investment court to the world
In reality, the EU’s plans are not realistic in the current international context, nor will they appease ISDS critics
Arbitration Act to be taken up in next Parliament session: Gowda
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
Why Argentina’s petition to vacate an wward in AWG Group Ltd v. Republic of Argentina matters for future arbitrations
Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award, which could have broader implications for determining partiality of arbitrators.
ANALYSIS: India invites comments on draft model investment treaty; text offers radical departure, and calls to mind Norway’s past efforts at revision
One of the most striking features of the draft model is its jettisoning of the fair and equitable treatment standard in favor of a standard — egregious or outrageous behaviour — that hearkens back to legal touchstones of an earlier era.
Transparency in investor-state arbitration
The UN Convention on Transparency in Treaty-Based Investor-State Arbitration has been opened for signature.
Born’s BAT gets set to fly
A proposal for a new form of international arbitration, with states abandoning sovereign rights to commercial dispute litigation in favor of resolution by arbitration, has provoked wide public interest and is now being drafted into an international model treaty.
Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance
Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the Latin American state’s refusal to comply with awards made by international investment treaty arbitration bodies.
Air of intrigue in move against plain packaging
Despite the compelling rationale that the public has a stake, Philip Morris’ claims will not be heard in an Australian court by respected judges, but by an ad-hoc tribunal that will meet in Singapore or another foreign country.
Tanzania: Thirsty for justice
British water giant Biwater cannot use an investment treaty to make Tanzania pay millions for an abrogated water privatization contract, an international tribunal ruled in July.
Africa: Arbitration nation
A number of African governments have made efforts to encourage investment in the continent by entering into bilateral investment treaties and adopting arbitration legislation.
Oxus Gold seeks arbitration order to protect Kyrgyz investments
Mining company Oxus Gold PLC said it is seeking an arbitration order to protect its investments in Kyrgyzstan, following the government-sponsored seizure of premises owned by Talas Gold Mining Co, Oxus’ joint venture company at Jerooy. Oxus said that representatives of Jerooyaltyn, a recently created joint venture between Kyrgyzaltyn and Global G.o.l.d, and local police forcibly took possession of the building on Thursday in direct contravention of the UK-Kyrgyz Bilateral Investment Treaty and Kyrgyz law.
Analysis: Will UNCITRAL arbitrations become even more secretive?
Proposals tabled by the Vienna-based UNCITRAL Secretariat could make it more difficult for observers to discover and monitor international arbitrations taking place under the UNCITRAL rules.
Pakistan-US differences over BIT persists
Pakistan has asked the United States to sign the proposed Bilateral Investment Treaty (BIT) by dropping its demand that in case of an arbitration only the Washington based International Centre for Settlement of Disputes (ICSID) should be approached for a decision.
Squire Sanders Represents Czech Republic, National Property Fund in Massive Arbitration
The Czech Republic can argue its case that Japanese investment bank Nomura is liable for billions of crowns in damage, according to an interim award issued Sept. 7 by an UNCITRAL arbitral tribunal seated in Zurich.