FICA’s participation in the work of UNCITRAL Working Group II on “SPEDR” Model clauses including Model clause on Adjudication

FICA was pleased to participate in the discussions in UNCITRAL Working Group II leading to the UNCITRAL Model Clauses on Specialized Express Dispute Resolution (“SPEDR”) including a Model clause on Adjudication.

At the outset of the discussion in UNCITRAL Working Group II, FICA-DACABI has prepared in 2021 a proposal for a Model Law on International Commercial Adjudication which it has shared with UNCITRAL and various delegations of UNCITRAL Working Group II.

Although there was no support to elaborate a Model Law on Adjudication, FICA is pleased that the topic of “adjudication” has been discussed in the framework of the SPEDR Model clauses and that this has led now to an UNCITRAL Model clause on Adjudication.

This will undoubtedly lead to making Adjudication better known as an alternative method to settle commercial disputes in different sectors.

On 30 September 2024, during its 80th session in Vienna, UNCITRAL Working Group II concluded its work in this field by adopting “Explanatory Notes” which will provide further explanations to the UNCITRAL “SPEDR” Model clauses.  

Expedited International Arbitration: Policies, Rules and Procedures

FICA members Alan M. Anderson and Herman Verbist have co-edited a new book entitled, Expedited International Arbitration: Policies, Rules and Procedures. The volume features a Foreword by Anna Joubin-Bret, the secretary general of UNCITRAL. The book considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. The volume, comprised of nineteen chapters, brings together thirty-one distinguished practitioners, academics and experts in the field from around the world. It furnishes diverse and rich perspectives on the various methods adopted to provide an expeditious and cost-effective means for dispute resolution, while recognizing the due process risks involved. 

Published in June 2024, further information about the book and how to order it may be found here: https://law-store.wolterskluwer.com/s/product/expedited-international-arbitration-policies-rules-and-procedures/01t4R00000PHPqcQAH.

The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World

FICA Members Ben Beaumont (honorary), Fahira Brodlija and Robert Ashdown, along with Armand Terrien, have edited and published The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World. The volume was published by Kluwer Law International in February 2024. The book provides a deep dive into the reality behind the causes and effects of the concerns expressed regarding investor-State dispute settlement (ISDS) and the extent to which they can be, and have been, addressed by ongoing reform processes at the national, regional, and international levels. Its ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally – especially in comparison with international commercial arbitration – makes ISDS a dynamic field. Further information about the book and how to order it may be found here: https://law-store.wolterskluwer.com/s/product/the-future-of-investorstate-dispute-settlement-reforming-law/01t4R00000OkfRIQAZ.