On 9 July 2021, the United Nations Commission on International Trade Law, commonly known as UNCITRAL, adopted the UNCITRAL Expedited Arbitration Rules, which came into force on 19 September 2021 (the “(UNCITRAL) Expedited Rules”). UNCITRAL has also published a Draft Explanatory Note to the Expedited Rules (the “Explanatory Note”), containing useful comments on the application […]
Intra-EU Arbitration under the ECT Found Incompatible with EU Law
On 2 September 2021, in Republic of Moldova v. Komstroy, the Court of Justice of the European Union (the “CJEU”) ruled that Energy Charter Treaty (“ECT”) based intra-EU arbitrations were contrary to EU law.[1] Background of the Case Energoalians, a Ukrainian producer initiated, an ad hoc arbitration procedure provided for in Article 26(4)(b) of the […]
Drafting an Arbitration Clause in 2021 – Recommendations
Many parties fail to realize that the wording of an arbitration clause is important for arbitration to function smoothly. In practice, one may observe, however, recurrent scenarios where arbitration clauses contain defective wording and, thus, are subject to unnecessary incidents and procedural debates. Such clauses are called “pathological clauses“. They are defined in Fouchard, Gaillard, […]
Arbitration in Japan
Japan is a pro-arbitration country with a number of arbitral institutions and organizations. The most commonly used institution for commercial arbitration is the Japan Commercial Arbitration Association (the “JCAA”).[1] Its Arbitration Rules were recently amended in order to make arbitration more useful and affordable for parties.[2] Civil and Commercial Arbitration in Japan Civil and commercial […]
Insolvency and Arbitration: What Issues Arise?
The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]