A Guide To The 2006 Amendments To The UNCITRAL Model Law On International Commercial Arbitration: Legislative History and Commentary

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162445
Total Pages : 848 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis A Guide To The 2006 Amendments To The UNCITRAL Model Law On International Commercial Arbitration: Legislative History and Commentary by : Howard M. Holtzmann

Download or read book A Guide To The 2006 Amendments To The UNCITRAL Model Law On International Commercial Arbitration: Legislative History and Commentary written by Howard M. Holtzmann and published by Kluwer Law International B.V.. This book was released on 2015-08-27 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Law, a major accomplishment in the field of international commercial arbitration, was prepared by the UN Commission on International Trade Law and is recommended by the UN General Assembly for use by governments throughout the world. The book contains separate sections for each of the thirty-six articles of the Model Law. After a commentary, each section contains the complete legislative history of the particular article. Arranged and edited for quick reference, this includes drafts, reports, summary records of debates, government comments and conference room papers. The book is designed to help practitioners and legislators wishing to evaluate and improve their country's arbitration law, and for lawyers and courts, in jurisdictions where all or part of it is enacted, and who are called upon to interpret the Model law.

A Guide to the UNCITRAL Model Law on International Commercial Arbitration:Legislative History and Commentary

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Author :
Publisher : Springer
ISBN 13 : 9789065443052
Total Pages : 1320 pages
Book Rating : 4.4/5 (43 download)

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Book Synopsis A Guide to the UNCITRAL Model Law on International Commercial Arbitration:Legislative History and Commentary by : Howard Holtzmann

Download or read book A Guide to the UNCITRAL Model Law on International Commercial Arbitration:Legislative History and Commentary written by Howard Holtzmann and published by Springer. This book was released on 1995-01-04 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Law, a major accomplishment in the field of international commercial arbitration, was prepared by the UN Commission on International Trade Law and is recommended by the UN General Assembly for use by governments throughout the world. The book contains separate sections for each of the thirty-six articles of the Model Law.After a commentary, each section contains the complete legislative history of the particular article. Arranged and edited for quick reference, this includes drafts, reports, summary records of debates, government comments and conference room papers. The book is designed to help practitioners and legislators wishing to evaluate and improve their country's arbitration law, and for lawyers and courts, in jurisdictions where all or part of it is enacted, and who are called upon to interpret the Model law. Foreword by Carl-August Fleischauer, the Legal Counsel and the Under-Secretary-General of the United Nations. This title can be acquired as a two-volume set together with A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary. The combined price is EUR 296.00/ USD 400.00/ GBP 237.00

A Guide to the UNCITRAL Model Law on International Commercial Arbitration

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (934 download)

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Book Synopsis A Guide to the UNCITRAL Model Law on International Commercial Arbitration by : Howard M.. Holtzmann

Download or read book A Guide to the UNCITRAL Model Law on International Commercial Arbitration written by Howard M.. Holtzmann and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904116894X
Total Pages : 987 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions by : Peter Binder

Download or read book International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions written by Peter Binder and published by Kluwer Law International B.V.. This book was released on 2019-05-14 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions Fourth Edition Dr Peter Binder This new edition of a classic text is so extensively revised and updated as to constitute a new book. It does, however, retain the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction. It remains the only book that provides a complete overview of all the adopting jurisdictions (now 111) at one glance, with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated. Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all case law on UNCITRAL texts (CLOUT) to date, the fourth edition provides explicit expert guidance on such matters as the following: overview of each jurisdiction that has enacted the Model Laws; provisions in a particular national Model Law enactment to be watched out for; how a particular issue dealt with in a Model Law enacting jurisdiction has been handled by local courts; and which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements. Both of the Model Laws are reproduced in full in an appendix. With an examination of each provision’s legislative history as well as national and subnational adoptions of the Model Laws, this work provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, and in-house lawyers who are considering arbitrating or mediating in one of the 111 jurisdictions analysed, academics in international ADR, and national government officials dealing with cross-border trade will benefit enormously from this new edition.

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

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Author :
Publisher : United Nations
ISBN 13 : 9210583183
Total Pages : 352 pages
Book Rating : 4.2/5 (15 download)

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Book Synopsis UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

UNCITRAL Model Law on International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1108633773
Total Pages : 1292 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis UNCITRAL Model Law on International Commercial Arbitration by : Ilias Bantekas

Download or read book UNCITRAL Model Law on International Commercial Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2020-03-05 with total page 1292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526440
Total Pages : 5388 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Commercial Arbitration by : Gary B. Born

Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2020-11-23 with total page 5388 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration. The first and second editions of International Commercial Arbitration have been routinely relied on by courts and arbitral tribunals around the world ((including the highest courts of the United States, United Kingdom, Singapore, India, Hong Kong, New Zealand, Australia, the Netherlands and Canada) and international arbitral tribunals (including ICC, SIAC, LCIA, AAA, ICSID, SCC and PCA), e.g.: U.S. Supreme Court – GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 590 U.S. - (U.S. S.Ct. 2020); BG Group plc v. Republic of Argentina, 572 U.S. 25 (U.S. S.Ct. 2014); Canadian Supreme Court – Uber v. Heller, 2020 SCC 16 (Canadian S.Ct.); Yugraneft Corp. v. Rexx Mgt Corp., [2010] 1 R.C.S. 649, 661 (Canadian S.Ct.); U.K. Supreme Court – Jivraj v. Hashwani [2011] UKSC 40, ¶78 (U.K. S.Ct.); Dallah Real Estate & Tourism Holding Co. v. Ministry of Religious Affairs, Gov’t of Pakistan [2010] UKSC 46 (U.K. S.Ct.); Swiss Federal Tribunal – Judgment of 25 September 2014, DFT 5A_165/2014 (Swiss Fed. Trib.); Indian Supreme Court – Bharat Aluminium v. Kaiser Aluminium, C.A. No. 7019/2005, ¶¶138-39, 142, 148-49 (Indian S.Ct. 2012); Singapore Court of Appeal – Rakna Arakshaka Lanka Ltd v. Avant Garde Maritime Servs. Ltd, [2019] 2 SLR 131 (Singapore Ct. App.); PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, [2015] SGCA 30 (Singapore Ct. App.); Larsen Oil & Gas Pte Ltd v. Petroprod Ltd, [2011] SGCA 21, ¶19 (Singapore Ct. App.); Australian Federal Court – Hancock Prospecting Pty Ltd v. Rinehart, [2017] FCAFC 170 (Australian Fed. Ct.); Hague Court of Appeal – Judgment of 18 February 2020, Case No. 200.197.079/01 (Hague Gerechtshof); Arbitral Tribunals – Lao Holdings NV v. Lao People's Democratic Republic I, Award in ICSID Case No. ARB(AF)/12/6, 6 August 2019; Gold Reserve Inc. v. Bolivarian Republic of Venezuela, Decision regarding the Claimant’s and the Respondent’s Requests for Corrections, ICSID Case No. ARB(AF)/09/1, 15 December 2014; Total SA v. The Argentine Republic, Decision on Stay of Enforcement of the Award, ICSID Case No. ARB/04/01, 4 December 2014; Millicom Int'l Operations B.V. v. Republic of Senegal, Decision on Jurisdiction of the Arbitral Tribunal, ICSID Case No. ARB/08/20, 16 July 2010; Lemire v. Ukraine, Dissenting Opinion of Jürgen Voss, ICSID Case No. ARB/06/18, 1 March 2011.

Uncitral Legislative Guide on Public-Private Partnerships

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Publisher :
ISBN 13 : 9789211303995
Total Pages : 300 pages
Book Rating : 4.3/5 (39 download)

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Book Synopsis Uncitral Legislative Guide on Public-Private Partnerships by : United Nations

Download or read book Uncitral Legislative Guide on Public-Private Partnerships written by United Nations and published by . This book was released on 2020-12-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.

The UNCITRAL Model Law and Asian Arbitration Laws

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Publisher : Cambridge University Press
ISBN 13 : 1107183979
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell

Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

The UNCITRAL Model Law on International Commercial Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178811034X
Total Pages : 627 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis The UNCITRAL Model Law on International Commercial Arbitration by : Gilles Cuniberti

Download or read book The UNCITRAL Model Law on International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2022-11-15 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518248
Total Pages : 380 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by : Frédéric Bachand

Download or read book The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration written by Frédéric Bachand and published by Juris Publishing, Inc.. This book was released on 2013-08-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

UNCITRAL Model Law on Secured Transactions

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Author :
Publisher : United Nations
ISBN 13 : 9210602331
Total Pages : 90 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis UNCITRAL Model Law on Secured Transactions by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2017-02-16 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law on Secured Transactions (the "Model Law") deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents, non-intermediated securities and intellectual property with few exceptions, such as intermediated securities. The Model Law follows a unitary approach using one concept for all types of security interest, a functional approach under which the Model Law applies to all types of transaction that fulfil security purposes, such as a secured loan, retention-of-title sale or financial lease, and a comprehensive approach under which the Model Law applies to all types of asset, secured obligation, borrower and lender.

The Model Law Approach to International Commercial Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802203737
Total Pages : 185 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis The Model Law Approach to International Commercial Arbitration by : Mark Campbell

Download or read book The Model Law Approach to International Commercial Arbitration written by Mark Campbell and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the UNCITRAL Model Law on International Commercial Arbitration as its basis, this concise and accessible book presents a cutting-edge account of the international arbitral process. Applying a chronological approach, the book will enable readers to gain an understanding of the arbitral process from start to finish.

Commentary on the UNCITRAL Model Law on International Commercial Arbitration

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Commentary on the UNCITRAL Model Law on International Commercial Arbitration by : Aron Broches

Download or read book Commentary on the UNCITRAL Model Law on International Commercial Arbitration written by Aron Broches and published by Springer. This book was released on 1990-09-04 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interim Measures in International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537558
Total Pages : 592 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Interim Measures in International Commercial Arbitration by : Ajar Rab

Download or read book Interim Measures in International Commercial Arbitration written by Ajar Rab and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim measures by courts as well as tribunals are often critical to succeed in arbitration proceedings and to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book comprises a comprehensive review of interim measures in international commercial arbitration granted by courts and tribunals across jurisdictions that have adopted the UNCITRAL Model Law to critically assess the practical fault lines in the Indian arbitration regime. The book provides an in-depth analysis of the following: all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations. The current position of law in India and the problems plaguing the country’s Arbitration and Conciliation Act 1996 (IAA), as amended in 2015 with respect to interim measures, are brought into direct comparison with other Model Law jurisdictions, offering an analysis of case laws, practical insights and cogent suggestions based on best practices that can be adopted by parties and tribunals. The Appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures. The author not only describes the current position of law in India and other Model Law jurisdictions on interim measures but also reveals a comprehensive understanding of the requests for interim measures, and their enforcement in domestic, international, and foreign seated arbitrations. This book engages in a comprehensive and clear discussion on the fine line between court assistance and court intervention, especially in the case of interim measures and suggests draft provisions that India and other jurisdictions can adopt in order to align with the 2006 revisions to the Model Law to foster certainty, predictability, and efficiency in case of interim measures in international commercial arbitration.

UNCITRAL Arbitration Rules

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Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis UNCITRAL Arbitration Rules by : United Nations Commission on International Trade Law

Download or read book UNCITRAL Arbitration Rules written by United Nations Commission on International Trade Law and published by . This book was released on 1977 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Provisional and Emergency Measures in International Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802205497
Total Pages : 563 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Provisional and Emergency Measures in International Arbitration by : Julien Fouret

Download or read book Provisional and Emergency Measures in International Arbitration written by Julien Fouret and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject.