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Journal articles on the topic 'UNCITRAL( United Nation commission on International Trade Law)'

Author: Grafiati

Published: 4 June 2025

Last updated: 1 August 2025

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1

Mantilla-Serrano, Fernando. "Colombia Enacts a New International Arbitration Law." Journal of International Arbitration 30, Issue 4 (2013): 431–41. http://dx.doi.org/10.54648/joia2013027.

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By enacting Law 1563 of 12 July 2012, Colombia has established an international commercial arbitration regime based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The deviations which the Colombian legislature has made from the UNCITRAL Model Law are the subject of the present article.

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E. O’Malley, Peter. "A New ‘UNCITRAL Model Law on International Commercial Adjudication’: How Beneficial Could It Really Be?" Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 1 (2022): 34–60. http://dx.doi.org/10.54648/amdm2022003.

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The United Nations Commission on International Trade Law (UNCITRAL) has promoted Alternative Dispute Resolution (ADR) as an alternative to litigation, being the traditional method of resolving disputes. ADR has been primarily facilitated by UNCITRAL through two Model Laws, namely the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018). The Commission has discussed, and continues to discuss, the development of an additional UNCITRAL Model Law on

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3

Gautama, S. "Model UU Arbitrase Dagang Internasional dari PBB." Jurnal Hukum & Pembangunan 16, no. 6 (2017): 605. http://dx.doi.org/10.21143/jhp.vol16.no6.1235.

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UNCITRAL (United Nations Commission on International Trade Law), Panitia PBB tentang Hukum Dagang Internasional, pada tanggal 21 Juni 1985 telah menerima suatu Model Undang-undang tentang hukum Arbitrase Dagang lnternasional. Karya dari UNCITRAL ini dipandang sebagaipelengkap daripada UNCITRAL Arbitration Rules (Kaidah-kaidah Arbitrase dari UNCITRAL) dan UNCITRAL Conciliation Rules.

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4

Jonkman, Hans. "The Role of the Secretary-General of the Permanent Court of Arbitration Under the UNCITRAL Arbitration Rules." Leiden Journal of International Law 8, no. 1 (1995): 185–92. http://dx.doi.org/10.1017/s0922156500003204.

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On 28 April 1976, after a preparation period of three years, the United Nations Commission on International Trade Law (UNCITRAL) adopted by consensus the UNCITRAL Arbitration Rules. On 15 December 1976, the General Assembly of the United Nations recommended the use of these Rules, and requested the UN Secretary-General to arrange for their widest possible distribution.

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Wallace, Don. "UNCITRAL's hard non-law: the legal guide on drawing up international contracts for construction of industrial works." Leiden Journal of International Law 1, no. 1 (1988): 85–89. http://dx.doi.org/10.1017/s0922156500000704.

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In a matter of weeks or months, the United Nations will publish the Legal Guide on Drawing Up International Contracts for Construction of Industrial Works (‘Legal Guide’ or ‘Guide’). The preparation of the Guide had been formally decided upon by the United Nations Commission on International Trade Law (‘UNCITRAL’ or ‘Commission’) in 1981, and the completed Guide approved for publication by the Commission in August 1987 in Vienna.

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6

Gross, C. M. "News from the United Nations Commission on International Trade Law (UNCITRAL)." Uniform Law Review - Revue de droit uniforme 16, no. 4 (2011): 1014–23. http://dx.doi.org/10.1093/ulr/16.4.1014.

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7

Salasky, J. "News from the United Nations Commission on International Trade Law (UNCITRAL)." Uniform Law Review - Revue de droit uniforme 17, no. 4 (2012): 745–55. http://dx.doi.org/10.1093/ulr/17.4.745.

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Shami, Aurang Zaib Ashraf, Chand Ashraf, and Usman Asghar. "International Arbitration in Energy Disputes: Lessons from UNCITRAL Case Laws." ACADEMIA International Journal for Social Sciences 4, no. 1 (2025): 175–84. https://doi.org/10.63056/acad.004.01.0054.

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International arbitration is a critical mechanism for resolving energy disputes, offering a neutral and efficient means for addressing complex cross-border issues. This research examines the role of UNCITRAL (United Nations Commission on International Trade Law) case law in shaping arbitration practices within the energy sector. By analyzing key UNCITRAL arbitral decisions, the study identifies emerging trends, procedural challenges, and key lessons learned from past energy-related disputes. It explores how the UNCITRAL Model Law provides a flexible framework for arbitral tribunals, ensuring f

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9

Gautama, Sudargo. "Beberapa Catatan tentang Arbitrase Dagang Internasional dari PBB." Jurnal Hukum & Pembangunan 18, no. 4 (2017): 321. http://dx.doi.org/10.21143/jhp.vol18.no4.1270.

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Seperti diketahui UNCITRAL (United Nations Commission on international Trade Law) telah mempersiapkan suatu Model Undang2 tentang Arbitrase Dagang lnternasional yang diterima pada sidangnya. di Wina bulan Juni 1985 dan kemudian dikuatkan dengan resolusi dari Sidang Umum PBB pada tanggal 11 Desember 1985.

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10

Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (1997): 542–54. http://dx.doi.org/10.2307/2954191.

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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) th

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11

Morris, Virginia, and M. Christiane Bourloyannis. "The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly." American Journal of International Law 87, no. 2 (1993): 306–23. http://dx.doi.org/10.2307/2203826.

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At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental prote

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12

Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Forty-eighth Session of the UN General Assembly." American Journal of International Law 88, no. 2 (1994): 343–60. http://dx.doi.org/10.2307/2204106.

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At the forty-eighth session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee), and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the jurisdictional immunities of states and their property, and (2) the

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13

Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly." American Journal of International Law 92, no. 3 (1998): 568–76. http://dx.doi.org/10.2307/2997932.

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At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) int

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Bergman, Neale H. "United Nations Convention on Transparency in Treaty-based Investor-State Arbitration." International Legal Materials 54, no. 4 (2015): 747–57. http://dx.doi.org/10.5305/intelegamate.54.4.0747.

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On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rul

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Morris-Sharma, Natalie Y. "Remarks by Natalie Y. Morris-Sharma." Proceedings of the ASIL Annual Meeting 112 (2018): 198–200. http://dx.doi.org/10.1017/amp.2019.58.

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These remarks approach the panel topic of investor-state dispute settlement (ISDS) at the crossroads, by reflecting on the ongoing discussions on ISDS reform that are taking place at the United Nations Commission on International Trade Law (UNCITRAL). There are three sets of factors likely to inform how ISDS is being transformed.

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Srinivasan, Badrinath. "UNCITRAL Arbitration Rules 2010: A Review." Christ University Law Journal 2, no. 1 (2013): 117–52. http://dx.doi.org/10.12728/culj.2.7.

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The United Nations Commission on International Trade Law Arbitration Rules, 1976 has been in vogue for more than a quarter century. Its success can be gauged from the range of its use in different types of arbitration. After more than thirty years of use, the UNCITRAL Arbitration Rules, 1976 were revised in 2010. In revising the rules, the UNCITRAL has followed a conservative approach but has taken into consideration the demands and developments of international arbitration. This paper analyses the revisions made to the 2010 rules.

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17

Knieper, Judith. "The UNCITRAL Transparency Standards in ISDS as a Result of Multi-lateral Negotiation." European Investment Law and Arbitration Review 1, Issue 1 (2016): 155–67. http://dx.doi.org/10.54648/eila2016010.

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This article describes without taking any position the new transparency standards in investor-state dispute settlement of the United Nations Commission on International Trade Law (UNCITRAL), consisting of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (effective date: 1 April 2014), the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014 – the ‘Mauritius Convention on Transparency’) and the Transparency Registry, which is the repository for the publication of information and documents in treaty-based investor-state

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18

Eiselen, Sieg. "The Adoption of UNCITRAL Instruments to Fast Track Regional Integration of Commercial Law." Revista Brasileira de Arbitragem 12, Issue 46 (2015): 82–99. http://dx.doi.org/10.54648/rba2015025.

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ABSTRACT: The United Nations Commission for International Trade Law (UNCITRAL) has adopted and is promoting a number of texts for the harmonization of international trade law such as the 1980 Vienna Convention for the International Sale of Goods (CISG), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1974 New York Convention on the Limitation Period in the International Sale of Goods. There are also newer instruments which have not yet gained such wide acceptance that may be considered for adoption such as the 2005 UN Convention on the Use of

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Mahasneh, Nisreen. "Electronic Transferable Records: A Gap in Qatari Law That Urgently Needs Filling." Uniform Law Review 26, no. 3 (2021): 532–53. http://dx.doi.org/10.1093/ulr/unab024.

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Abstract Qatar has sought to encourage the development of international trade and investment through advancements in its law. In light of the growing importance of electronic operations, it has adopted the United Nations Commission on International Trade Law’s (UNCITRAL) model laws on electronic commerce and electronic signatures. However, they alone are insufficient to respond fully to the present-day needs of international trade. An area in which Qatari law is still wanting is the electronic transfer of records that originated on paper. This article assesses the extent to which current Qatar

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20

Vieillard, G. "News from the United Nations Commission on International Trade Law (UNCITRAL) - UNCITRAL at the end of 2014." Uniform Law Review - Revue de droit uniforme 19, no. 4 (2014): 723–27. http://dx.doi.org/10.1093/ulr/unu036.

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21

Gross, Claudia M. "News from the United Nations Commission on International Trade Law (UNCITRAL): UNCITRAL towards the end of 2015." Uniform Law Review - Revue de droit uniforme 20, no. 4 (2015): 714–23. http://dx.doi.org/10.1093/ulr/unv035.

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Gross, Claudia M. "News from the United Nations Commission on International Trade Law (UNCITRAL): UNCITRAL towards the end of 2016." Uniform Law Review 21, no. 4 (2016): 720–34. http://dx.doi.org/10.1093/ulr/unw044.

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NGÔ TRỌNG QUÂN. "Quy tắc ứng xử của Ủy ban của Liên hợp quốc về luật thương mại quốc tế cho trọng tài viên trong giải quyết tranh chấp đầu tư quốc tế". Tạp chí Khoa học Pháp lý Việt Nam, № 03(187) (31 березня 2025): 88–101. https://doi.org/10.70236/tckhplvn.244.

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On December 7, 2023, the United Nations General Assembly has adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution jointly drafted by the Commission on International Trade Law (UNCITRAL) and the International Centre for Settlement of Investment Disputes (ICSID). This article analyzes the context, objectives and scope of application of the Code. It then analyzes three major rules related to independence and impartiality, restrictions on arbitrator’s double hatting activities, and disclosure obligations.

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24

Chua, Eunice. "Enforcement Of International Mediated Settlement Agreements In Asia: A Path Towards Convergence." Asian International Arbitration Journal 15, Issue 1 (2019): 1–27. http://dx.doi.org/10.54648/aiaj2019001.

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In 2014, the United Nations Commission on International Trade Law (‘UNCITRAL’) first considered a proposal for the development of a multilateral convention on the enforceability of international commercial settlement agreements reached through conciliation (defined to include mediation). The goal of this project was to encourage international mediation in the same way that the New York Convention facilitated the growth of arbitration. The work of UNCITRAL Working Group II has resulted in two instruments – the Singapore Convention on Mediation; and Model Law on International Commercial Mediatio

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Loken, Keith. "Uncitral Rules on Transparency in Treaty-Based Investor-State Arbitration." International Legal Materials 52, no. 6 (2013): 1300–1308. http://dx.doi.org/10.5305/intelegamate.52.6.1300.

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On July 11, 2013, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules). The new Transparency Rules are the product of three years of negotiations in UNCITRAL. The Transparency Rules will be available in two forms: (1) as part of the UNCITRAL Arbitration Rules, for use in arbitrations conducted under those rules, and (2) as a free-standing set of rules, available for use in arbitrations conducted under other arbitral rules, such as the Rules of the International Centre for S

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Castellani, Luca G. "THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS AT TEN: PRACTICAL RELEVANCE AND LESSONS LEARNED." Journal of Law, Society and Development 3, no. 1 (2016): 132–52. http://dx.doi.org/10.25159/2520-9515/1092.

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The United Nations Commission on International Trade Law prepared the first global treaty specifically devoted to electronic commerce law, the United Nations Convention on the Use of Electronic Communications in International Contracts. That treaty builds on the highly successful UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This article describes the main goals of the Electronic Communications Convention and its scope of application. In particular, it illustrates how that Convention may fully enable the use of electronic means under other widel

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CHUA, Eunice. "The Singapore Convention on Mediation—A Brighter Future for Asian Dispute Resolution." Asian Journal of International Law 9, no. 2 (2019): 195–205. http://dx.doi.org/10.1017/s2044251318000309.

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AbstractOn 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitra

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de Chazournes, Laurence Boisson, and Rukia Baruti. "Transparency in Investor-State Arbitration: An Incremental Approach." BCDR International Arbitration Review 2, Issue 1 (2015): 59–76. http://dx.doi.org/10.54648/bcdr2015004.

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Transparency is an evolving concept in international dispute resolution. This is becoming increasingly evident in the arbitral practice of investor-state disputes. This article takes cognizance of recent practice in this area. It reviews the recent changes in this context introduced by the United Nations Commission on International Trade Law ("UNCITRAL") and the United Nations General Assembly in treaty based investor-state arbitration. While it acknowledges the significance of the changes introduced, it recognizes that transparency in dispute resolution was a practice initiated in other dispu

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29

Kozlowska, Daria. "The Revised UNCITRAL Arbitration Rules Seen through the Prism of Electronic Disclosure." Journal of International Arbitration 28, Issue 1 (2011): 51–65. http://dx.doi.org/10.54648/joia2011004.

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The newly revised United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules came into force on August 15, 2010. The main aim of the revision was to rejuvenate the Rules so that they catch up with the dynamic changes in arbitration practice. This article analyses the revised Rules from the perspective of electronic disclosure, focusing on changes aiming at, inter alia, fighting delays and growing costs of the arbitration process, supporting early cooperation of the parties or limiting the possibility of U.S.-style discovery.

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Giupponi, M. Belén Olmos. "The Protection of Foreign Direct Investment in Latin America: Where Do We Stand on International Arbitration?" Journal of International Arbitration 32, Issue 2 (2015): 113–42. http://dx.doi.org/10.54648/joia2015006.

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The article explores the current implications of regional and bilateral investment treaties in Latin America, underlying the latest developments and challenges concerning international arbitration. The main argument advanced is that despite criticisms arising out of investment litigation, Latin American countries have moved away from the Calvo doctrine and continue to embrace international arbitration to settle state-investor disputes. In order to support this argument, the article presents a systematic study of the legal framework and the flow of cases brought against Latin American states be

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Harrington, Ryan. "News from the United Nations Commission on International Trade Law (UNCITRAL): the work of the fiftieth Commission session." Uniform Law Review 22, no. 4 (2017): 996–1009. http://dx.doi.org/10.1093/ulr/unx036.

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32

Ray, Ashutosh. "White Industries Australia Ltd. v. Republic of India: A New Lesson for India." Journal of International Arbitration 29, Issue 5 (2012): 623–35. http://dx.doi.org/10.54648/joia2012038.

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The Indian arbitration landscape is set for a completely new twist in the wake of the first investment arbitration award rendered against India. The decision was rendered in the matter between White Industries Australia Ltd. and the Republic of India in an United Nations Commission on International Trade Law (UNCITRAL) arbitration. This article examines the case, observes the questions which were considered by the tribunal, and discusses the rationale of the tribunal in arriving at its decision. Apart from an analysis of the case, the article also discusses its ripple effect which has already

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Garg, Risham. "Issues in Insolvency of Enterprise Groups." Journal of National Law University Delhi 6, no. 1 (2019): 50–64. http://dx.doi.org/10.1177/2277401719870006.

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Insolvency of enterprise groups has long remained an enigmatic and untouched issue in the realm of international insolvency law. Recently, the Working Group V of United Nations Commission on International Trade Law (UNCITRAL WG V) has taken up the onerous task to fill this void and to draft an instrument/model law to govern international aspects of insolvency resolution of enterprise groups (two or more enterprises that are interconnected by control or significant ownership)2 including obligations of directors of enterprise group companies for acts done in the ‘twilight zone’. This article att

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Kłos, Paweł. "Mediation in the Legal System of the United Nations." Studia Iuridica Lublinensia 29, no. 4 (2020): 101. http://dx.doi.org/10.17951/sil.2020.29.4.101-116.

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<p>The international law order is the first in which we can observe the use of mediation as a legal institution. The mediation activity conducted by the United Nations is a model for contemporary legal entities. The entity is characterized by a multitude of normative regulations and undertaking informational and promotional actions in the field of mediation. The areas of action of the United Nations include interventions in political, international and domestic disputes, trade disputes, and internal disputes thus determine the UN’s promediation activities in three spheres of activity: 1)

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Kefayati, Soheyla, and Mehdi Ashouri. "International Bankruptcy with an Emphasis on Trade Bill Approved in 2013." Journal of Politics and Law 10, no. 2 (2017): 1. http://dx.doi.org/10.5539/jpl.v10n2p1.

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International bankruptcy has been grown by international trade. It has been created a wide literature about it. It is one of the essential factors to survive in the international trade space. Setting and enacting laws in this regard remarkably will help solve the legal troubles in the case of international trade. The aim of the present research is to investigate international bankruptcy with an emphasis on trade bill approved in 2013. The results show that new bill has somewhat been able to make general regulations and intended fundamental principles in UNCITRAL Model Law considered. It is don

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Warikandwa, Tapiwa Victor, and Lineekela Usebiu. "A proposal for international arbitration law in Namibia based on the UNCITRAL Model Law on International Commercial Arbitration." De Jure 55, no. 1 (2023): 259–79. http://dx.doi.org/10.17159/2225-7160/2023/v56a18.

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International business arbitration is not covered by Namibia's present arbitration law, the Arbitration Act 42 of 1965 (the Act). There is no explicit language in the Act that addresses foreign arbitration as the Act, solely by default, covers national or domestic arbitration. When it comes to international arbitration, the Act has many flaws. Modern commercial arbitrations are increasingly being guided by the Model Law on International Commercial Arbitration (MLICA) of UNCITRAL (the United Nations Commission on International Trade Law) or by state legislation that has been influenced by it. I

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Mostad-Jensen, Anne. "News from the United Nations Commission on International Trade Law (UNCITRAL): The Work of the Fifty-second Commission Session." Uniform Law Review 24, no. 4 (2019): 817–30. http://dx.doi.org/10.1093/ulr/unz039.

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Reform, EI –. IILCC Study Group on ISDS. "Reform of Investor-State Dispute Settlement – Current State of Play at UNCITRAL." Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 15–74. http://dx.doi.org/10.5771/1435-439x-2022-1-15.

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In the last two decades, investor-State dispute settlement has received continuous criticism related to inter alia the legitimacy, transparency and efficiency of the current system. Since 2017, different options of how to improve the system are discussed at the United Nations Commission on International Trade Law (UNCITRAL). The reform options discussed in this context are of high political relevance, considering that investor-State dispute settlement often concerns sensitive topics related to States’ sovereign regulatory powers. In order to provide a overview for all interested parties, this

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Greenberg, Simon, and Flavia Mange. "Institutional and Ad Hoc Perspectives on the Temporal Conflict of Arbitral Rules." Journal of International Arbitration 27, Issue 2 (2010): 199–213. http://dx.doi.org/10.54648/joia2010011.

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The question of which version of arbitration rules applies to arbitration proceedings remains relevant to contemporary practice in the light of recent, conflicting domestic court decisions as well as recent and forthcoming revisions to major sets of arbitral rules, notably those of the International Chamber of Commerce (ICC) and United Nations Commission on International Trade Law (UNCITRAL). Should arbitral tribunals and institutions apply the arbitral rules in force at the time of the conclusion of the arbitration agreement, or that in force at the time of commencing arbitration? This articl

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Svoboda, Ondřej. "UNCITRAL Working Group III and Multilateral Investment Court – Troubled Waters for EU Normative Power." European Investment Law and Arbitration Review Online 6, no. 1 (2021): 104–26. http://dx.doi.org/10.1163/24689017_0601005.

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This article analyses the European Union (EU)’s and its Member States’ activities in the multilateral reform of investors- state dispute settlement (ISDS) in the early stages of the United Nations Commission on International Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of a multilateral investment court. First, the article explains the EU’s approach to the reform and its ambitious proposal of a standing investment court. Then, it demonstrates how difficult it turned out to be for the EU to promote the reform proposal in multilateral negotiations at the UNCITRAL.

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Svoboda, Ondřej. "UNCITRAL Working Group III and Multilateral Investment Court – Troubled Waters for EU Normative Power." European Investment Law and Arbitration Review 6, Issue 1 (2021): 104–26. http://dx.doi.org/10.54648/eila2021005.

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This article analyses the European Union (EU)’s and its Member States’ activities in the multilateral reform of investors-state dispute settlement (ISDS) in the early stages of the United Nations Commission on International Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of a multilateral investment court. First, the article explains the EU’s approach to the reform and its ambitious proposal of a standing investment court. Then, it demonstrates how difficult it turned out to be for the EU to promote the reform proposal in multilateral negotiations at the UNCITRAL.

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Kolosov, Igor V. "Harmonization of Restructuring Procedures in Bankruptcy: Results of the Hague Conference on Private International Law 2024." Public International and Private International Law 2 (May 8, 2024): 19–22. http://dx.doi.org/10.18572/1812-3910-2024-2-19-22.

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From 5 to 8 March 2024, a meeting of the Council on General Affairs and Policy of the Hague Conference on Private International Law (HCCH) was held. The meeting was attended by 429 participants accredited by 74 states. The delegation of the Russian Federation included 6 representatives of various federal executive authorities, including the author of this article. One of the pressing issues considered by HCCH was the harmonization of international insolvency law. The main achievement in this direction was the cooperation of the Permanent Bureau of HCCH with Working Group V on Insolvency law of

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Zhang, Beibei, and Wei Shen. "Article: China’s Non-Performing Loans Disposal in Local and Global Contexts: Missing Pieces in International Law Matrix." Journal of World Trade 58, Issue 3 (2024): 497–520. http://dx.doi.org/10.54648/trad2024028.

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The management of non-performing loans (NPLs) within the framework of international law often lacks coherence and specificity, leading to limited regulatory outcomes. This underscores the critical influence of domestic law and individual countries’ behavioural choices in addressing NPLs, necessitating this study. This article thoroughly explores China’s relatively uncharted approach to resolving NPLs-related issues, with a specific focus on recent developments in managing individual NPLs. Through a meticulous analysis of end-market disposal, civil law stipulations, and debt collection strategi

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Giorgetti, Chiara, Steven Ratner, Jeffrey Dunoff, et al. "Independence and Impartiality of Adjudicators in Investment Dispute Settlement: Assessing Challenges and Reform Options." Journal of World Investment & Trade 21, no. 2-3 (2020): 441–74. http://dx.doi.org/10.1163/22119000-12340178.

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Abstract As discussions on the reform of investor-State dispute settlement deepen and gather momentum at the United Nations Commission on International Trade Law (UNCITRAL), this article delves into a specific and fundamental issue: the requirement that adjudicators in investment disputes are and remain independent and impartial. It begins by explaining the principle of independence and impartiality in international courts and tribunals, with a focus on arbitral institutions. The article then highlights a range of specific concerns that the present system of investor-State arbitration raises i

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Langford, Malcolm, Michele Potestà, Gabrielle Kaufmann-Kohler, and Daniel Behn. "Special Issue: UNCITRAL and Investment Arbitration Reform: Matching Concerns and Solutions." Journal of World Investment & Trade 21, no. 2-3 (2020): 167–87. http://dx.doi.org/10.1163/22119000-12340171.

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Abstract The ongoing ‘legitimacy crisis’ in investor-State dispute settlement (ISDS) has triggered a comprehensive attempt at multilateral reform. In 2017, Working Group III at the United Nations Commission on International Trade Law (UNCITRAL) was entrusted with a broad, open-ended and problem-driven mandate. The reform process aims to tackle particular concerns with ISDS: excessive costs and lengthy proceedings, inconsistent and incorrect decisions, and a lack of arbitral diversity and independence. The exclusion of substantive treaty reform has met critique but states are considering a wide

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Segger, Marie-Claire Cordonier, Peter Holmgren, and D. Andrew Wardell. "Financing Sustainable Landscapes through Innovative International Economic Law and Governance Instruments." Global Journal of Comparative Law 7, no. 1 (2018): 169–205. http://dx.doi.org/10.1163/2211906x-00701008.

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This article examines innovative ways to promote investment and financing of sustainable landscape initiatives in international law. It argues that increased flows of investment and finance for sustainable landscapes must be guided by a clear and comprehensive legal framework; better and more appropriate knowledge and technologies; more informed decision-making; and improved governance at all levels. The article considers concerns and opportunities to support the financing of sustainable forestry and land-use programs, especially in developing countries. It reviews the key contributions of int

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Seppälä, Christopher R. "Why Finland Should Adopt the UNCITRAL Model Law on International Commercial Arbitration." Journal of International Arbitration 34, Issue 4 (2017): 585–99. http://dx.doi.org/10.54648/joia2017028.

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This article describes why a small country like Finland, which has excellent natural attributes as a place for arbitration (political neutrality and stability, respect for the rule of law, freedom from corruption and a central location between East and West), but which is little resorted to for this purpose, being overshadowed by its neighbour, Sweden, should adopt the United Nations Commission on International Trade Law (‘UNCITRAL’) Model Law on International Commercial Arbitration (the ‘Model Law’). The indispensable condition for any country to develop as a place for arbitration is for it t

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Ryan, Christopher M., and Jonathan L. Greenblatt. "The United States Court of Appeals for the District of Columbia: Republic of Argentina v. B.G. Group PLC." International Legal Materials 51, no. 3 (2012): 525–34. http://dx.doi.org/10.5305/intelegamate.51.3.0525.

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On January 17, 2012, the United States Court of Appeals for the District of Columbia (‘‘D.C. Circuit’’) issued its decision in Republic of Argentina v. B.G. Group PLC, overturning a final award of a United Nations Commission on International Trade Law (‘‘UNCITRAL’’) arbitral tribunal issued in favor of BG Group PLC (‘‘BG Group’’). According to the Court, the arbitral tribunal exceeded its authority by taking jurisdiction over the dispute when BG Group failed to first submit its claims to the courts of Argentina for a period of eighteen months, as required by the Agreement Between theGovernment

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Ramadani, Tamara Mutiara, and Rizka Nurliyantika. "TANDA TANGAN ELEKTRONIK DALAM KONTRAK BISNIS INTERNASIONAL." SOL JUSTICIA 5, no. 1 (2022): 87–96. http://dx.doi.org/10.54816/sj.v5i1.479.

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Kontrak bisnis internasional merupakan pedoman bersama para pihak yang mengikatkan diri atas hak dan kewajiban tertentu serta melintasi bats negara. Pedoman tersebut biasanya berhubungan erat dengan transaksi perdagangan, yang pada saat ini bisa dilakukan secara jarak jauh atau elektronik. Proses perdagangan secara elektronik sebagai sarana transaksi tanpa tatap muka antara pembeli dan penjual hingga munculnya tanda tangan elektronik. Lembaga yang sampai saat ini berperan dalam mengharmonisasi hukum transaksi perdagangan elektronik ialah United Nations Commission on International Trade Law (UN

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Brodlija, Fahira. "Article: Sorting the Building Blocks of Investor-State Dispute Settlement Reform: Recent Developments from the UNCITRAL Working Group III." European Investment Law and Arbitration Review 9, Issue 1 (2024): 69–94. http://dx.doi.org/10.54648/eila2024026.

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The United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII), as the main forum the reform of investor-state dispute settlement (ISDS), continues to deliberate an ambitious agenda of reform areas of high priority. Recently, the WG marked an important milestone with the adoption of the first reform instruments on the conduct of adjudicators and investment mediation. Nevertheless, the most challenging ‘building blocks’ of reform remain to be addressed, including the systemic reform proposal for a standing mechanism, which would transform the landscape of ISDS as

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