UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration

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Publisher :
ISBN 13 : 9789211337938
Total Pages : 0 pages
Book Rating : 4.3/5 (379 download)

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Book Synopsis UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by : United Nations Commission on International Trade Law

Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.

UNCITRAL Model Law on International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 9781108498234
Total Pages : 650 pages
Book Rating : 4.4/5 (982 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 2020-02-29 with total page 650 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.

The Draft UNCITRAL Digest and Beyond

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866537301
Total Pages : 891 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Draft UNCITRAL Digest and Beyond by : Franco Ferrari

Download or read book The Draft UNCITRAL Digest and Beyond written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The Draft UNCITRAL Digest and Beyond” is one of the most useful single volumes available on the CISG. It includes the full text of the draft “UNCITRAL Digest” which catalogues the cases and arbitral awards to date that have interpreted and applied the CISG on an article by article basis. “The Digest and Beyond” includes also commentary by eminent CISG scholars that addresses issues not yet considered in the cases. With more than 1000 decisions applying the CISG in courts and arbitral tribunals around the world, the UNCITRAL Secretariat charged five CISG experts from a variety of regions with the task of creating a digest of CISG case law. “The Digest and Beyond” includes the draft “UNCITRAL Digest”, even before it is released officially by UNCITRAL. It also goes where the authors of the Digest were not allowed to go, given the narrow mandate within which the drafters were asked to work. Its chapters build upon the work of the “UNCITRAL Digest”. The Digest describes the reasoning and results of existing CISG cases; in “The Digest and Beyond”, the Digest authors analyze those cases, and discuss issues that have not yet arisen in the case law. Thus, in many ways, “The Digest and Beyond” provides scholarship that can direct future cases in areas that have not yet been considered by courts and arbitrators as well as in areas in which contradictory court decisions exist.

UNCITRAL Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142193
Total Pages : 527 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis UNCITRAL Arbitration by : Jan Paulsson

Download or read book UNCITRAL Arbitration written by Jan Paulsson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013. Extensively referring to the UNCITRAL travaux préparatoires, the book considers: • the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision; • where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and • an analysis of the discrete issues that arise in respect of each article. The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules. More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.

The UNCITRAL Model Law and Asian Arbitration Laws

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Author :
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.

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

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Publisher :
ISBN 13 :
Total Pages : 354 pages
Book Rating : 4.:/5 (12 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 Publications

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 Publications and published by . This book was released on 2016 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

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 : 930 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 930 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.

The UNCITRAL Arbitration Rules

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Publisher : OUP Oxford
ISBN 13 : 0191665320
Total Pages : 4181 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The UNCITRAL Arbitration Rules by : David D. Caron

Download or read book The UNCITRAL Arbitration Rules written by David D. Caron and published by OUP Oxford. This book was released on 2013-03-07 with total page 4181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods

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Publisher : United Nations Publications
ISBN 13 : 9789211337907
Total Pages : 0 pages
Book Rating : 4.3/5 (379 download)

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Book Synopsis UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods by :

Download or read book UNCITRAL Digest of Case Law on the United Nations Convention on the International Sale of Goods written by and published by United Nations Publications. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the International Sale of Goods (CISG) is an important tool for international trade which provides a standardized framework for contracts of sale of goods between parties from different States. The Digest aims to present clear, concise and objective information of the Convention articles, and to reflect the evolution of the case law. It contains chapters corresponding to CISG articles, which present a summary of the related case law, drawing attention to common views and stating different approaches. The Digest makes reference to the full text of the decision whenever it is essential to demonstrate the point.

Arbitration Law of Canada

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833963
Total Pages : 1016 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Arbitration Law of Canada by : J. Brian Casey

Download or read book Arbitration Law of Canada written by J. Brian Casey and published by Juris Publishing, Inc.. This book was released on 2012-06-01 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law of Canada provides the busy lawyer and arbitrator with a handy day to day reference work. This is a comprehensive treatise on the law and practice of arbitration in Canada. The text covers all aspects of commercial arbitration: when to choose arbitration; how to draft an effective arbitration clause; how to choose an arbitrator; the legal and practical aspects of arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation, and enforcing awards in Canada, regardless of the jurisdiction in which they were made. The book covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. The second edition includes a revised and expanded index, a complete index of cases, and a number of additional "practice notes". The chapters dealing with court involvement in arbitration, challenges and recognition of awards, have been extensively revised to take into account the numerous court decisions released since the last edition.

Global Sales and Contract Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199572984
Total Pages : 1069 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Global Sales and Contract Law by : Ingeborg Schwenzer

Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

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

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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 Conciliation Rules

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Publisher : New York : United Nations
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (31 download)

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

Download or read book UNCITRAL Conciliation Rules written by United Nations Commission on International Trade Law and published by New York : United Nations. This book was released on 1981 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook of UNCITRAL Arbitration

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Publisher :
ISBN 13 : 9780414067134
Total Pages : 809 pages
Book Rating : 4.0/5 (671 download)

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Book Synopsis Handbook of UNCITRAL Arbitration by : Thomas H. Webster

Download or read book Handbook of UNCITRAL Arbitration written by Thomas H. Webster and published by . This book was released on 2019 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles and Practice of International Commercial Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1139469975
Total Pages : 91 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2008-03-17 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Landmark Cases in Public International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509918795
Total Pages : 788 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Landmark Cases in Public International Law by : Eirik Bjorge

Download or read book Landmark Cases in Public International Law written by Eirik Bjorge and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.

The Independence and Impartiality of ICSID Arbitrators

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Publisher : BRILL
ISBN 13 : 900434148X
Total Pages : 304 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Independence and Impartiality of ICSID Arbitrators by : Maria Nicole Cleis

Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.