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The Case Law on UNCITRAL Texts system is a collection of court decisions and arbitral awards interpreting UNCITRAL texts. CLOUT includes case abstracts in the six United Nations languages on the United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980) and the UNCITRAL Model Law on International Commercial ...
The Mauritius Convention will render the UNCITRAL Rules on Transparency in Treaty-based Investor State Arbitration also applicable to disputes arising out of investment treaties that were concluded prior to 1 April 2014 if both parties to the investment treaty are also party to the Mauritius Convention. [58]
The United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (also known as the Mauritius Convention on Transparency) is a multilateral treaty that was concluded in 2014 and entered into force in 2017.
A number of arbitral institutions have adopted the UNCITRAL Rules for use in international cases. See for example, Australia's adoption of the UNCITRAL Rules in its 6 July 2010 amendment to the 'International Arbitration Act 1974' (Cth). [23] [24] The most salient feature of the rules of the ICC is its use of the "terms of reference."
Note that there is a difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules. [1] On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on ...
After much criticism of the hitherto often confidential arbitral proceedings, CETA now provides for a certain amount of transparency by declaring the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration applicable to all proceedings (article X.33: Transparency of proceedings, p. 174).
Transparency is a World Trade Organization principle stipulating that a country’s policies and regulations affecting foreign trade should be clearly communicated to its trading partners. [ 1 ]
Additionally, its rules of interpretation rely heavily on custom as well as on manifest acts rather than on intent (Art. 8). The CISG does include a so-called Nachlass rule (i.e., legacy rule), but its scope is relatively limited. On the other hand, its good faith obligation may seem relatively limited and in any case obscure (Art. 7).