United Nations Commission on International Trade Law Arbitration Rules <ASEAN Economic Community & possible reforms in investment arbitration> Jae Sung LEE Secretariat Legal Officer, International Trade Law Division Office of Legal Affairs, United Nations
creating a favourable environment for dispute settlement 1958 1976 1980 1985 2002 2010 2010 2013 2014 Convention on the Recognition and Enforcement of Foreign Arbitral Awards : the New York Convention Arbitration Rules Conciliation Rules Model Law on International Commercial Arbitration Model Law on International Commercial Conciliation Amendments to Model Law on International Commercial Arbitration Revised Arbitration Rules Transparency Rules on Treaty-based Investor-State Arbitration UN Convention on Transparency in Treaty-based Investor-State Arbitration: the Mauritius Convention on Transparency
Model Law on International Commercial Arbitration Adopted in 1985, amendments adopted in 2006 Establishes a unified legal framework for the fair and efficient settlement of international commercial disputes Covers all stages of the arbitral process Conforms to current practice in international trade and modern means of contracting with regard to the form of arbitration agreement and the granting of interim measures Takes the form of a model law which provides more flexibility for enacting jurisdictions Prepared as a freestanding arbitration statute
Legislative developments in arbitration Enthusiasm in the region about arbitration reflected in recent law reforms Most States have legislative framework based on the Model Law to provide a basis for fostering arbitration and other ADR mechanisms Methods for adopting the Model Law and the 2006 revisions vary, but a key reference point Not many arbitration cases reported but positive signs in certain jurisdictions Increasing number of local arbitration institutions, yet lack of qualified arbitrators and experts
Towards an arbitration friendly environment Establishment of relevant practice to build trust and confidence in the arbitration/adr mechanism Foster a more arbitration-friendly environment, particularly in the judiciary and among the users Ensuring the advantages of arbitration, as a time and cost efficient mechansim to resolve disputes Streamlining of the recongition and enforcement process Building up of the arbitration infrastructure (arbitration institutions, relevant arbitration rules, training of arbitrators, practioners and judges)
Arbitration Rules (as revised in 2010) Adopted by in 1976, revised in 2010 A comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings Designed for world wide use and intended to be acceptable in all political and legal systems Contractual rules that apply when the parties have so agreed Applicable for both contract-based and treaty-based arbitration Flexible and allow parties to modify any of the provisions Ad hoc or institutional, both applicable
Arbitration Rules (as revised in 2010) A basis for institutional rules Being administered by a number of institutions Institutions acting as appointing authority
Rules on Transparency in Treaty-based Investor-State Arbitration Article 1, paragraph 4: For investor-state arbitration initiated pursuant to a treaty providing for the protection of investments or investors, these Rules include the Rules on Transparency in Treaty-based Investor- State Arbitration ( Rules on Transparency ), subject to article 1 of the Rules on Transparency
The way forward Increased reference to Arbitration Rules in bilateral and regional investment agreements, including ASEAN Comprehensive Investment Agreement (ACIA), Trans-Pacific Partnership (TPP) Increased use by businesses and investors Possible future work by Concurrent or parallel proceedings Code of ethics/conduct for arbitrators Reform of investor-state dispute settlement Basis could be the Arbitration Rules Implications on AEC and participation in the reform process
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