The United Nations Commission on International Trade Law meaning

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The Czech Republic v Diag Human SE [2025] EWCA Civ 588 What are the practical implications of this case? For those engaged in investment treaty arbitrations, this ruling is noteworthy for the Court of Appeal’s treatment of investment treaty jurisprudence on what it means to qualify as an ‘investor’ under BITs. The Court of Appeal determined that a legal entity which, on its own, did not satisfy the definition of ‘investor’ must be subject to de jure control—rather than merely de facto control—by a qualifying investor (here, an individual) to attain investor status. The judgment also provides helpful guidance on the reach and consequences of Articles 23 and 32 of the United Nations Commission on International Trade Law (UNCITRAL) Rules, addressing Pleas as to the jurisdiction of the tribunal and Waiver of the right to object. More broadly, the decision will interest international arbitration practitioners for its consideration of AA 1996, s 73 (loss of right to object) and AA 1996, 31 (objection to substantive jurisdiction of tribunal)...

The duty of the expert witness The litigation process is usually regulated by strict procedural rules in each jurisdiction, which often outline an expert’s role and obligations. In England, for example, experts are addressed in the Civil Procedure Rules, Part 35 (CPR 35). These provisions set out, among other things, how experts are appointed, the expert’s duty, and the required structure and substance of an expert report. CPR 35 further requires the expert to include in his or her report a statement confirming independence. It makes clear that an expert’s role is to assist the court on matters within their expertise, and that this paramount duty takes precedence over any duty owed to the instructor or the party funding the engagement. By contrast, in arbitration there is generally no specific regulatory framework for experts within most institutional procedure rules. The rulebooks of the International Chamber of Commerce, the London Court of International Arbitration, the United Nations Commission on International Trade Law and the International Centre for Settlement of...

This Practice Note examines the powers of the arbitral tribunal under 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. A core feature of the UNCITRAL arbitration framework is the authority vested in the tribunal. The UNCITRAL Rules grant the arbitral tribunal extensive powers over the management and timetable of the proceedings, evidence, the making of awards, interim measures and the allocation of costs. General power of the arbitral tribunal The tribunal may conduct the proceedings in such manner as it deems appropriate, provided it treats the parties equally and affords each party a reasonable opportunity to present its case (UNCITRAL Rules, Article 17(1)). The broad discretion conferred on the tribunal is a fundamental tenet of UNCITRAL arbitration and is derived from the original 1976 UNCITRAL Rules...

Text on obligations of directors of enterprise group companies in the period approaching insolvency: status Working Group V, UNCITRAL’s insolvency-focused body, approved the Model Law on Enterprise Group Insolvency (MLEG) in 2018 at its 54th session in Vienna (10–14 December 2018). In 2019, the UN Commission on International Trade Law (the Commission) endorsed and adopted both the guide to enactment and the text on the obligations of directors of enterprise group companies nearing insolvency (the Directors’ Guide) at its 53rd session in New York (6–17 July 2019) (see A/74/17—Report of the United Nations Commission on International Trade Law fifty-second session (advance copy)). The Directors’ Guide adds an extra section to part four of the UNCITRAL Legislative Guide on Insolvency law, covering directors’ duties (see Practice Note: UNCITRAL guidance on directors' obligations in the period approaching insolvency). UNCITRAL encourages all states worldwide to consult the Legislative Guide when drafting or updating insolvency-related legislation. Although not automatically binding, these recommendations reflect best practice... Geographical reach The Directors’ Guide could,...

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 a significant role in contemporary arbitration practice. They are crafted for ad hoc international commercial arbitrations—proceedings not administered by an arbitral institution and, typically, not conducted under that institution’s rules. The Rules may likewise be employed in investor–state arbitrations commenced under a treaty, such as a bilateral investment treaty, where the treaty permits arbitration conducted under those rules. Unless the parties stipulate otherwise, the UNCITRAL Rules govern arbitration agreements concluded on or after 15 August 2010, ie the date the revised Rules took effect. The earlier 1976 UNCITRAL Rules continue to apply to all arbitration agreements entered into before that date. Both the 1976 and 2010 UNCITRAL Rules are separate from UNCITRAL’s Model Law on International Commercial Arbitration, adopted in 1985 and revised in 2006, which has been adopted (often with modifications) by more than 50 jurisdictions—see Practice Note: The UNCITRAL...