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PRACTICE NOTES
This Practice Note provides information on the work of the United Nations Commission on International Trade Law (UNCITRAL) Working Group II: Dispute Settlement and provides links to their reports. UNCITRAL Working Group II: Dispute Settlement (Working Group II) meets, typically, twice a year to debate and progress pre-determined issues in arbitration and international dispute resolution. Its work has a tangible impact on the development of arbitration. For example, it led to the changes made to the UNCITRAL Arbitration Rules 2010—see Practice Note: UNCITRAL Rules—background and introduction. This Practice Note makes available the published reports of Working Group II and related information—including model clauses for expedited technology disputes. Note: UNCITRAL Working Group III is considering investor-state dispute settlement (ISDS) reform—see Practice Note: UNCITRAL Working Group III—reports. Working Group Session and dates Report Subjects 83rd session, 16–20 February 2026 Recognition and enforcement of arbitral awards in electronic form—see provisional agenda and other documents relating to the recognition and enforcement of electronic arbitral awards’ taking place during the 83rd session 82nd session, 13–17 October 2025 Recognition
NEWS
The United Nations has announced that the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on Automated Contracting. The Model Law provides a legal framework enabling the use of automation in international contracts, through using artificial intelligence techniques, smart contracts and machine-to-machine transactions. It is intended to complement and supplement existing laws on electronic transactions.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Clauses on Specialized Express Dispute Resolution (SPEDR). The SPEDR Model Clauses provide customised solutions for expedited dispute resolution, building on the UNCITRAL Expedited Arbitration Rules. The SPEDR Model Clauses consist of four model clauses: Model Clause on Highly Expedited Arbitration, Model Clause on Adjudication, Model Clause on Technical Advisor, and Model Clause on Confidentiality. Explanatory notes describing the objectives, risks, and alternative approaches for each clause will accompany the SPEDR Model Clauses. The adopted text will be available on the UNCITRAL website at a late stage, and included in its annual report. The final version with explanatory notes will be posted later.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) has adopted Model Clauses on Specialized Express Dispute Resolution (SPEDR) at its 57th session. Working Group II has been tasked with finalising the explanatory notes for these clauses during its 80th session. The Working Group also held a colloquium on electronic awards, examining perspectives from arbitral institutions and national courts, as well as the interface between UNCITRAL arbitration and e-commerce texts. Additionally, the Group considered the recognition and enforcement of electronic awards, reflecting UNCITRAL's ongoing focus on technology-related dispute resolution and adjudication in international trade law.
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The United Nations Commission on International Trade Law (UNCITRAL) has adopted a Toolkit on Prevention and Mitigation of International Investment Disputes. The toolkit forms part of UNCITRAL's ongoing reform of investor-State dispute settlement (ISDS) initiated in 2017. It provides states with various approaches to prevent and mitigate investment disputes, focusing on pre-dispute interventions and amicable resolution methods including mediation. Rather than prescribing specific solutions, the toolkit allows states to develop approaches aligned with their legal frameworks. The document will be published in all six official United Nations languages.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) has adopted a package of texts to support the use of arbitral awards and notices of arbitration in electronic form. The texts, prepared by Working Group II (Dispute Settlement) as part of UNCITRAL’s project on dispute resolution in the digital economy, include a recommendation on interpreting the New York Convention to ensure that recognition or enforcement of an arbitral award cannot be refused solely because it is in electronic form. UNCITRAL also adopted revisions to the Model Law on International Commercial Arbitration and its Explanatory Note to expressly permit arbitral awards and notices of arbitration in electronic form, together with an additional note to the UNCITRAL Notes on Organizing Arbitral Proceedings providing practical guidance for parties, arbitral tribunals and institutions. The package is intended to improve legal certainty and encourage the wider use of electronic arbitration documents rather than prescribe a single approach.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) Working Group II has made significant progress on establishing frameworks for the recognition and enforcement of electronic arbitral awards. Following a two-day colloquium, the Working Group has directed the secretariat to prepare comprehensive guidance on multiple fronts, including the interaction between UNCITRAL's electronic commerce and arbitration instruments, recommendations for interpreting the New York Convention regarding electronic awards, and potential amendments to the UNCITRAL Model Law on International Commercial Arbitration. The Working Group has also gathered information from member states regarding their domestic and international practices on enforcing electronic awards and those with digital signatures. These developments reflect UNCITRAL's commitment to adapting international arbitration frameworks to meet the demands of digital commerce and technology-enabled dispute resolution.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) Working Group III is progressing its work on Investor-State Dispute Settlement (ISDS) reform, with its 50th session scheduled for January 2025 in Vienna. Recent developments include the release of crucial draft documents, such as a statute for a standing dispute resolution mechanism, provisions on procedural and cross-cutting issues and a multilateral instrument on ISDS reform. The Working Group has also received comments from various countries and organisations on these issues, demonstrating active stakeholder engagement. Additionally, an intersessional meeting on ISDS reform was held, with a summary provided to inform ongoing discussions. These advancements signify substantial progress in UNCITRAL's efforts to reform the ISDS system.
NEWS
The United Nations Commission on International Trade Law (UNCITRAL) has finalised reforms on investor-State dispute settlement (ISDS) at its fifty-ninth session in New York. The Commission finalised the draft Statute of the Advisory Centre on International Investment Dispute Resolution, which will be submitted to the General Assembly for adoption. The Commission has also finalised and adopted the UNCITRAL Supplementary Provisions on the Conduct of Proceedings to Resolve International Investment Disputes as a standalone instrument intended to improve the ISDS procedural framework, with further work to be undertaken on their practical application alongside other ISDS reforms.
PRACTICE NOTES
Rationale for the UNCITRAL guidance In the wake of the 2008 credit crunch and the increase in cross-border insolvencies, the United Nations Commission on International Trade Law (UNCITRAL) adopted guidance to deal with directors' obligations in relation to individual companies pre-insolvency called part four of the Legislative Guide (the Legislative Guide, Part Four). The topic was proposed by the UK, INSOL International and the International Insolvency Institute (III). UNCITRAL's remit is to further the unification of international trade laws and encourage harmonisation, and Legislative Guide, Part Four was developed in order to further this aim. In particular, a greater degree of harmonisation of national approaches will give greater certainty and predictability for creditors and directors. The Legislative Guide, Part Four was formally approved by UNCITRAL on 18 July 2013 (see Report of UNCITRAL 46th session A/68/17, para 204). Additional recommendations to deal with the group companies were later added in July 2019 (see Practice Note: UNCITRAL Text on obligations of directors of enterprise group companies in the period approaching
PRACTICE NOTES
Rationale for adopting UNCITRAL model laws The government is keen for England to be among the first countries to consider their implementation, as it will signal its ongoing commitment to mutual co-operation and international best practice. Global co-operation allows international businesses to choose to restructure here, knowing that this will lead to the best result for their creditors, shareholders and management, with confidence that the outcome will be accepted both in their local courts and across the world. Following Brexit, the Insolvency Service wants England to remain well-placed to continue to lead the way in this area. The Insolvency Service notes these benefits in adopting UN Commission on International Trade Law (UNCITRAL) Model laws: • co-operation between nations on insolvency related matters is generally mutually beneficial • avoiding unnecessary insolvency proceedings and the piecemeal destruction of viable businesses helps to preserve value throughout the insolvency, increase returns to creditors and protect employees’ jobs • international recognition of insolvency proceedings and related legal decisions makes the different national
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