The United Nations Climate Change (UNCC) has announced that the Supervisory Body, established under Article 6.4 of the Paris Agreement to set up a new UN carbon market, has approved mandatory environmental and human rights safeguards. These safeguards will require those participating in the UN’s Paris Agreement Crediting Mechanism to identify, evaluate, avoid, minimise, and mitigate potential risks associated with projects.​ The rules aim to protect environmental and social rights through a mandatory tool, known as the Sustainable Development Tool, expected to be formally adopted on 9 October 2024. The Supervisory Body will review and update this tool every 18 months. In the coming days, the Supervisory Body also aims to finalise two other key documents related to methodological requirements and activities involving removals, required for the full operationalisation of the mechanism.

The UN Climate Change (UNCC) has announced the publication of two key standards to operationalise a new UN crediting mechanism ahead of COP29. The first standard outlines requirements for developing, assessing, and submitting methodologies for projects under the Paris Agreement Crediting Mechanism. The second standard details requirements for activities and projects involving greenhouse gas removals. Both standards are now Supervisory Body documents, facilitating updates to keep up with market developments. The Supervisory Body has also agreed on recommendations to be reviewed at the upcoming COP29 climate summit.

Before commencing the arbitration • assess any applicable limitation periods and/or contractual time bars under the substantive law governing the dispute (general principle; not governed by the UNCITRAL Arbitration Rules) • evaluate the claims you wish to raise in UNCITRAL arbitration and ensure they are covered by the arbitration agreement referring disputes to arbitration under the UNCITRAL Arbitration Rules (Article 1(1)) (ad hoc) • consider whether to agree or propose an appointing authority for arbitrator appointment and challenge functions under the Rules (Article 6). Check the terms of the arbitration agreement (contractual or treaty based) for agreed appointing authority and comply with the agreement terms • consider where the award is likely to be enforced and whether interim measures may be needed, including measures to preserve assets or preserve evidence (Article 26) • determine the number of arbitrators and note that, if the parties have not agreed that there shall be only one arbitrator within 30 days after the respondent receives the Notice of Arbitration, three arbitrators shall be appointed (Article 7(1)) • select nominations for the appointment of the tribunal

This Practice Note considers and provides guidance on the United Nations Commission on International Trade Law (UNCITRAL) Expedited Arbitration Rules, for use in ad hoc arbitrations, which entered into force on 19 September 2021 (the Expedited Rules). Background to the UNCITRAL Expedited Rules The Expedited Rules are the latest in a growing number of arbitration rules that are designed specifically for expedited arbitration. Reducing the time and cost of arbitration proceedings is an ongoing topic of discussion in the arbitration community. Some users of arbitration have expressed concerns that arbitration proceedings are too lengthy, costly, and unduly formal, particularly with respect to disputes that are more straightforward, or of low value. As such, expedited arbitration procedures have become an area of focus for many arbitral institutions and other arbitration organisations. Although there is no single definition of ‘expedited arbitration’, common features of expedited arbitration procedures include: • the use of a sole arbitrator as a default • a more streamlined set of proceedings • limited or no document production • an option to dispense with an

A model insolvency law created by the United Nations Commission on International Trade Law (UNCITRAL) and recommended for the harmonisation of insolvency laws.

UNCITRAL Model Law on enterprise groups: current status The UNCITRAL Model Law on enterprise groups (MLEG) was approved by Working Group V (the UNCITRAL working group dealing with insolvency issues) at their 54th session (Vienna, 10–14 December 2018). The supporting guide to enactment was approved at its 55th session (New York, 28–31 May 2019) and was considered at the 53rd session (New York, 6–17 July 2019) (see UNCITRAL report of 52nd session). The UN Commission has finalised and adopted all the texts without modification. Countries are free to enact it either in full or in part, with or without modifications, so it is essential to look at any relevant enacting legislation in detail. It doesn't have automatic effect but needs specific enacting legislation in each country. It remains to be seen which countries will adopt MLEG; England has not yet adopted MLEG and the comments below relating to the effect in England are relevant only if England decides to enact domestic legislation adopting MLEG. However, following the Insolvency Service’s consultation proposing

The Transparency Rules—background and purpose The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) were adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 1 April 2014. Among other things, UNCITRAL publishes arbitration rules intended for ad hoc international arbitrations (meaning arbitrations that are not administered by an arbitral institution). The UNCITRAL Arbitration Rules, which were first issued in 1976 and were revised in 2010, are widely used for commercial and investor-state arbitrations under investment treaties. The 2013 version of the rules adds the Transparency Rules as paragraph 4 of article 1, but are otherwise unchanged from the 2010 version of the rules—see: UNCITRAL arbitration—overview. The Transparency Rules are intended to address concerns about the principle of confidentiality that generally applies to arbitrations under the UNCITRAL Rules when applied to investor-state arbitrations. Investor-state arbitrations arise in the context of bilateral investment treaties (BITs) (ie treaties between two countries providing rights to investors) as well as multilateral investment (MITs) or trade agreements. These treaties provide standards of protection

This Practice Note considers the appointment of the tribunal pursuant to the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction. A significant advantage of UNCITRAL arbitration (and arbitration in general) is the freedom and autonomy of the parties to choose their own arbitral tribunal. UNCITRAL Rules, Articles 8–10 set out the process for the appointment of the arbitral tribunal, whether the parties have agreed to refer their dispute to a sole arbitrator or a three-member panel. The UNCITRAL Rules also set out a procedure if the parties are unable to agree upon an arbitrator or arbitrators, or if one or both parties wish to replace an arbitrator. Use of an appointing authority UNCITRAL is not an arbitral institution, and does not administer or oversee arbitrations pursuant to the UNCITRAL Rules. As a result, in an UNCITRAL ad hoc arbitration, there is no arbitral institution to oversee the arbitral process and step in to, for example, make an appointment

This Practice Note provides an introduction to the overall structure of the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). The UNCITRAL Rules occupy an important position in contemporary arbitration practice. The UNCITRAL Rules are intended for ad hoc international commercial arbitrations, meaning arbitrations that are not administered by an arbitral institution and, usually, do not proceed under the rules of such an institution. The UNCITRAL Rules may also be used in arbitrations between investors and states which proceed pursuant to a treaty, such as a bilateral investment treaty, where the treaty allows investors to pursue arbitration conducted under those rules. Unless the parties agree otherwise, the UNCITRAL Rules apply to arbitration agreements concluded on or after 15 August 2010, ie the date the revised UNCITRAL Rules entered into force. The previous UNCITRAL Rules issued in 1976 will continue to apply to all arbitration agreements concluded before that date. Both the 1976 and 2010 UNCITRAL Rules are distinct from UNCITRAL’s Model Law on International Commercial Arbitration, adopted in 1985 and revised in 2006, which

This Practice Note considers issues relating to costs in arbitrations conducted pursuant to the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, including the use of appointing authorities in UNCITRAL proceedings, see Practice Note: UNCITRAL Rules—background and introduction. UNCITRAL rules on costs Tribunal's fees and expenses Where an UNCITRAL tribunal is appointed by an appointing authority (often an arbitral institution), it may also be agreed that the chosen institution's fee structure for arbitrators fees will also apply. If this occurs, the tribunal will take that schedule into account in fixing its fees (UNCITRAL Rules, Article 41, para 2). Promptly after its constitution, the tribunal must inform the parties how it proposes to determined its fees and expenses and any rates it intends to apply. A party may refer the proposal to the appointing authority for review within 15 days of receiving it; the authority then has 45 days to consider if the arbitrators’ proposals are reasonable taking into account the amount in dispute, complexity of the subject matter, time to be

This Practice Note considers matters of evidence in arbitrations conducted pursuant to the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction. Under UNCITRAL Rules, Article 17(1), the tribunal may conduct the arbitration in such manner as it considers appropriate. Each party has the burden of proving the facts relied on to support its case (UNCITRAL Rules, Article 27(1)) and the tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered (UNCITRAL Rules, Article 27(4)). Documentary evidence The notice of arbitration should identify the arbitration agreement that is invoked and any contract or other legal instrument out of, or in relation to, which the dispute arises (UNCITRAL Rules, Article 3(3)(c)–(d)), copies of which should be included with the statement of claim (if it is separate from the notice of arbitration) (UNCITRAL Rules, Article 20(3)). The respondent should respond to this information in its response (UNCITRAL Rules, Article 4(1)(b)). The statement of claim should, as far as possible, be accompanied

This Practice Note considers the powers of the arbitral tribunal pursuant to the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction. For guidance on appointing the tribunal, see Practice Note: UNCITRAL Rules—appointment of the arbitral tribunal. An essential aspect of the UNCITRAL arbitration process concerns the powers of the tribunal. The UNCITRAL Rules provide the arbitral tribunal with a number of wide-ranging powers in relation to the conduct and timing of the proceedings, evidence, the issuance of awards, interim measures and the allocation of costs. General power of the arbitral tribunal The tribunal may conduct the proceedings in the manner it considers appropriate, subject that it should treat the parties equally and give each party a reasonable opportunity of presenting its case (UNCITRAL Rules, Article 17(1)). The wide discretion granted to the tribunal is a key principle of UNCITRAL arbitration and was drawn from the original 1976 UNCITRAL Rules. The UNCITRAL Rules also explicitly address issues of efficiency