A. LEGISLATION AND RULES A.1 Legislation International arbitration in Colombia continues to be governed by section 3 of Law 1563 of 2012 (“Law 1563”). This section is based on UNCITRAL Model Law with certain amendments (“International Arbitration Statute”). Congress is still debating Bill No. 009/21, authored by the Ministry of Justice and Law, which proposes to introduce a few amendments to the International Arbitration Statute.[1] The two proposed amendments in this bill have already been…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to be governed by the Law on…
A. LEGISLATION AND RULES A.1 Legislation France decided to withdraw from the Energy Charter Treaty (ECT). This development…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Kyrgyzstan continues to be governed by the Law on Arbitration Courts (“Law”), as enacted on 30 July 2002. The Law is mostly based on the UNCITRAL Model Law. Provisions of the Law were challenged several times based on arguments that the Law and the main principles of arbitration proceedings contradicted Kyrgyzstan’s constitution. However, the constitutional court and the constitutional chamber of the Supreme Court consistently rejected…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Netherlands continues to be governed by the Wet…
A. LEGISLATION AND RULES A.1 Legislation Arbitrations seated in Belgium are governed by the Belgian Law on Arbitration (BLA), which is set out in part VI of the Belgian Judicial Code (BJC). There has been no significant change to the BLA in the year under review, and there are currently no changes under consideration or being proposed at the legislator’s level. A.2 Institutions, rules and infrastructure The Belgian Centre for Arbitration and Mediation (CEPANI) is…
A. LEGISLATION AND RULES A.1 Legislation In the 2017-2018 edition of this Yearbook, we reported about a working…
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion]…
AUSTRALIA Jo Delaney Charlotte Hendriks and Anita Juric A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act 1974 (Cth) (IAA). There have been no further amendments to the IAA this year. In 2020, Australia signed the Regional Comprehensive Economic Partnership (RCEP), alongside 14 other signing countries, comprising the world’s largest free trade agreement. The RCEP has not yet entered into force, however the Australian Government is working…