The United Nations Commission on International Trade Law (“UNCITRAL”) is the central body within the United Nations system responsible for modernising and harmonising international trade law.[1] Although widely used in investment and commercial disputes, it is not an arbitral institution.[2] Instead, parties use the UNCITRAL Arbitration Rules in ad hoc arbitration proceedings or in proceedings […]
Investor, National, or Both? Dual Nationality in Treaty Disputes
In recent years, increasing global mobility has driven a rise in dual nationality cases in investment treaty arbitration, posing significant challenges to the investment treaty regime, which relies on the principle of nationality. This principle seeks to prevent individuals from bringing claims against their own State, thereby maintaining a clear distinction between foreign and domestic […]
Arbitrations Involving International Organisations
It is widely acknowledged that international organisations proliferated in the aftermath of World War II,[1] although preliminary forms had existed earlier.[2] Major international organisations are universally recognised. These include the United Nations (UN), the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the World Trade Organisation (WTO), the World Bank, the International Monetary Fund (IMF), […]
Investor-State Arbitrations Against Serbia
Numerous countries have faced investor-State arbitrations, including Serbia. This snapshot of reported investor-State arbitrations against Serbia to date is intended to give a quick overview of the dominant issues arising in the investor-State arbitrations against Serbia. The reported cases of investor-State arbitrations against Serbia are briefly discussed below. Mera Investment Fund Limited v. Republic of […]
Expedited Arbitration
Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […]