THE NETHERLANDS Mathieu Raas A. LEGISLATION AND RULES A.1 Legislation Arbitrations that are seated in the Netherlands continue to be governed by the arbitration act of 1 January 2015. No amendments were made since. For those who might be interested in the key differences between the current arbitration act and its prior version from 1986, I refer to my contribution to the 2015/2016 edition of the Baker & McKenzie Arbitration Yearbook.[1] A.2 Institutions, Rules and…
ARGENTINA Luis E. Dates and Santiago Maqueda A. LEGISLATION AND RULES A.1 Legislation International arbitration in Argentina continues…
MYANMAR Andre Gan and Kenneth See A. LEGISLATION AND RULES A.1 Legislation International arbitration in Myanmar continues to…
MEXICO Javier Navarro Treviño A. LEGISLATION AND RULES A.1 Legislation International arbitration in Mexico continues to be governed by the Code of Commerce, which incorporates the provisions of the UNCITRAL Model Law of 1985 in its relevant section. The Code of Commerce was enacted in 1889, and its last amendment on arbitration took place in 2010. Mexico is also a signatory to the New York and Panama Conventions on the enforcement of foreign arbitral awards.[1]…
MALAYSIA Eddie Chuah A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by…
LUXEMBOURG Annie Elfassi, Sabrina Salvador and Eve Tullio A. LEGISLATION AND RULES A.1 Legislation International arbitration in Luxembourg…
CHINA Simon Hui and Hailin Cui A. LEGISLATION AND RULES A.1 Legislation A.1.1 Opening to foreign arbitration institution On 28 August 2020, the State Council issued the “Plan for Deepening the Comprehensive Pilot Program of a New Round of Expanding Opening-up of the Service Sector in Beijing Municipality and Building a National Comprehensive Demonstration Zone for Expanding Opening-up of the Service Sector”. The plan, among others, allows well-known overseas arbitration institutions to set up a…
CHILE Rodrigo Díaz de Valdés and Ignacio Naudon A. LEGISLATION AND RULES A.1 Legislation Chile has a dual…
VIETNAM Frederick Burke, Quach Minh Tri and Nguyen Quy Hoai A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures…
CANADA Matthew Latella and Christina Doria A. LEGISLATION AND RULES[1] A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of…