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MIAS Task Force Report for Working Group II: Arbitration and Conciliation / Dispute Settlement


UN Photo by Manuel Elias


The MIAS Task Force on Expedited Arbitration under the UNCTIRAL Arbitration Rules has prepared the following comments on the draft Expedited Arbitration Provisions (EAPs):



The MIAS Task Force prepared a report dated August 26, 2019 that was provided to the delegates at the Seventieth Session of Working Group II (WGII) in Vienna in which it proposed an Appendix to house EAPs along with proposed rules text and explanatory notes. It prepared a report in January 2020 and September 2020 provided to the delegates at the 71st and 72nd Sessions of the WGII on proposed EAPs. Referring to these work products, and considering the Secretariat’s Note on draft EAPs for the 73rd Session of WGII, the MIAS Task Force has prepared the following table.


We hope that these comments are helpful to the Working Group and look forward to a continuing dialogue that will lead to an expeditious implementation of Expedited Arbitration Procedures as an appendix to the UNCITRAL Rules.


Respectfully Submitted on March 19, 2021

The Miami International Arbitration Society Task Force on Expedited Arbitration Procedures in connection with the UNCITRAL Arbitration Rules.


John M. Barkett, Shook, Hardy & Bacon LLP, Chairperson

Carlos Conception, Shook, Hardy & Bacon LLP

Judith Freedberg, Consultant, Bahrain Chamber for Dispute Resolution

Manuel Gomez, Florida International University College of Law

Daniel Gonzalez, Hogan Lovells US LLP

Adolfo Jimenez, Holland & Knight

Joan Stearns Johnson, University of Florida Levin College of Law

Luis O’Naghten, Hughes Hubbard



 


73rd session, 22-26 March 2021, New York

Registration deadline: 10 March 2021 In-person participation: Vienna International Centre


  • Letter from the chair of Working Group II on the arrangements for the session

  • Information sheet for delegations

  • A/CN.9/WG.II/WP.215/Rev.1 – Annotated provisional agenda

  • A/CN.9/WG.II/WP.216 – Settlement of Commercial Disputes – Draft Provisions on Expedited Arbitration

  • A/CN.9/WG.II/WP.217 – Draft provisions on expedited arbitration – Compilation of comments on the application of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration to expedited arbitration

  • A/CN.9/1025 - Draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018)

  • A/CN.9/1026 - Draft UNCITRAL Mediation Rules

  • A/CN.9/1027 - Draft UNCITRAL Notes on Mediation

  • A/CN.9/1031 - Dispute settlement: Draft UNCITRAL mediation rules and notes on mediation - Compilation of comments from Governments received on the draft UNCITRAL Mediation Rules and the draft UNCITRAL Notes on Mediation – Italy, Poland, Thailand and Iraq

  • A/CN.9/1031/Add.1 - Dispute settlement: Draft UNCITRAL mediation rules and notes on mediation - Compilation of comments from Governments received on the draft UNCITRAL Mediation Rules and the draft UNCITRAL Notes on Mediation – China

  • A/CN.9/1031/Add.2 - Dispute settlement: Draft UNCITRAL mediation rules and notes on mediation - Compilation of comments from Governments received on the draft UNCITRAL Mediation Rules and the draft UNCITRAL Notes on Mediation – Singapore

  • Submission from the Government of Hungary - Comments on Expedited Arbitration Provisions and draft Mediation Rules (not an official document)

  • Submission from the Government of Turkey (not an official document)

  • Submission from the Government of Chile (not an official document)

  • Submission from the International Centre for Settlement of Investment Disputes (not an official document)

  • Submission from the Belgian Centre for Arbitration and Mediation (not an official document)



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