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Tag Archives: UNCITRAL

What the International Arbitration Bill, 2016 will mean for arbitrations in South Africa

During the next few months, the International Arbitration Bill, 2016 will be presented to the South African National Assembly. The Bill, once enacted, is set to place South Africa on the main international arbitration stage by aligning the administration of arbitrations in South Africa to the Model Law of the United Nations Commission on International Trade Law (UNCITRAL). Previously, arbitrations were subject to the Arbitration Act (Act No. 42 of 1965), unless otherwise agreed. In terms of the Bill, any international commercial dispute which the parties have agreed to submit

U.S. Supreme Court decides first case related to international investment treaty arbitration

The United States Supreme Court (the “Court”), on 5 March 2014, issued its first decision in the area of international investment treaty arbitration. The Court, by a 7-2 majority, decided BG Group PLC. v. The Republic of Argentina in favor of BG Group. The Court effectively elected not to second-guess procedural rulings made by investment treaty tribunals. The Court reversed the U.S. Court of Appeals for the D.C. Circuit’s ruling that an UNCITRAL tribunal lacked the authority to decide a US$185 million dispute, and instead upheld the tribunal’s award in

Myanmar Accedes to the New York Convention

We previously wrote that in March the Union Assembly of Myanmar approved a resolution in support of the country’s accession to the New York Convention. At the time, no deadline had been set for this process (which is effected by depositing an instrument of accession with the Secretary General of the United Nations). Perhaps sooner than expected, on 16 April 2013 Myanmar formally acceded to the New York Convention – according to a depositary notification issued by the Secretary General on 24 April 2013. With this announcement, Myanmar becomes the

German Courts Emphasize Supremacy of Parties’ Agreements on Arbitration Procedure

In a landmark decision on 17 February 2011, the Higher Regional Court of Frankfurt (OLG Frankfurt) has strengthened the supremacy of parties’ procedural agreements over the arbitral tribunal’s procedural discretion (26 Sch 13/10). The German Supreme Court upheld the court’s decision, rejecting Claimant’s appeal (III ZR 8/11).    In the case before the OLG Frankfurt, a distinguished DIS Arbitral Tribunal had issued a procedural order, containing detailed directions for the taking of expert evidence. Those directions had been subject to extensive negotiations between the parties and the arbitrators, and were