Not exact matches
UNCITRAL considers the New York Convention to be one of the most important United Nations treaties in the area of international trade law and the cornerstone of the international
arbitration system.4 Since its inception, the Convention's
regime for recognition and enforcement has become deeply rooted in the legal systems of its Contracting States and has contributed to the status of international
arbitration as today's normal means of resolving commercial disputes.
The Arbitration Law provides a legal
regime for both domestic and international
arbitrations that closely follows the familiar UNCITRAL Model Law.
In brief, the approach conceives of investment treaty
arbitration as a form of public law, and calls
for tribunals to draw on comparative domestic constitutional and administrative law, as well as other
regimes of international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.
Much ink has been spilt on discussing whether or not the investment treaty
arbitration regime has played a role in encouraging the growth of developing economies by creating a more secure system
for foreign direct investment (FDI).
The amendments also propose some significant changes with respect to the applicable
regime for arbitrations seated outside India.
Acquaintance with the legal
regime for investment
arbitration and case law has now become indispensable
for anyone seeking to have a full picture of
arbitration or enhance his knowledge in international dispute resolution domain.
The
Arbitration Law is also expected to modernise the UAE's
arbitration regime and bring it more in line with international best practice; currently, there are just 16 provisions governing
arbitration in the UAE, set out in Articles 203 to 218 of the CPL.. These are broadly drafted and a key concern
for arbitrating parties has been the wide scope
for challenges permitted (or at least not expressly prohibited) under the CPL; it is not uncommon
for parties to face several months (if not years) of litigation in order to enforce arbitral awards in the UAE.
-- Enabling parenting coordination by agreement or court order; — Amending the Commercial Arbitration Act to address family
arbitrations; — integrating reproductive technologies into determining a child's legal parents; — Replacing the terms «custody» and «access» with «guardianship» and «parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow
for more customized parenting arrangements; — Extending the legislative property division
regime to common - law spouses who have lived together
for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to equal division.