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The Uncitral Guide
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Author :United Nations Commission on International Trade Law Publisher :United Nations ISBN 13 :9210583183 Total Pages :352 pages Book Rating :4.2/5 (15 download)
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.
Book Synopsis UNCITRAL Practice Guide on Cross-border Insolvency Cooperation by :
Download or read book UNCITRAL Practice Guide on Cross-border Insolvency Cooperation written by and published by United Nations Publications. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.
Book Synopsis A Guide to the UNCITRAL Arbitration Rules by : Clyde Croft
Download or read book A Guide to the UNCITRAL Arbitration Rules written by Clyde Croft and published by Cambridge University Press. This book was released on 2013-04-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.
Book Synopsis UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation by :
Download or read book UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation written by and published by . This book was released on 2014-10-22 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
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.
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.
Author :United Nations Commission on International Trade Law Publisher :United Nations ISBN 13 :9210602331 Total Pages :90 pages Book Rating :4.2/5 (16 download)
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.
Book Synopsis Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide by : Sophie Nappert
Download or read book Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide written by Sophie Nappert and published by Juris Publishing, Inc.. This book was released on 2012-06-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner’s Guide is an article-by-article commentary of the new Rules highlighting policies and reasons for the modifications. The work delves into what lies behind the new UNCITRAL Rules. It is a user-friendly, practical reference guide for everyday use by the busy practitioner. It provides the key points to know about each provision of the new Rules. The appendix provides the full text of the 2010 Rules.
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:
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 Springer. This book was released on 1989 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 1 - original version [Scope of application] --Article 1 - as amended [Scope of application] --Article 2 [Definitions and rules of interpretation] --Article 2A - as added [International origin and general principles] --Article 3 [Receipt of written communications] --Article 4 [Waiver of right to object] --Article 5 [Extent of court intervention] --Article 6 [Court or other authority for certain functions of arbitration assistance and supervision] --Article 7 - original version [Definition and form of arbitration agreement] --Article 7 - as amended [Definition and form of arbitration agreement] --Article 8 [Arbitration agreement and substantive claim before court] --Article 9 [Arbitration agreement and interim measures by court] --Article 10 [Number of arbitrators] --Article 11 [Appointment of arbitrators] --Article 12 [Grounds for challenge] --Article 13 [Challenge procedure] --Article 14 [Failure or impossibility to act] --Article 15 [Appointment of substitute arbitrator] --Article 16 [Competence of arbitral tribunal to rule on its jurisdiction] --Article 17 - original version [Power of arbitral tribunal to order interim measures] --(Articles 17 - 17J) - as amended [Interim measures and preliminary orders] --Article 18 [Equal treatment of parties] --Article 19 [Determination of rules of procedure] --Article 20 [Place of arbitration] --Article 21 [Commencement of arbitral proceedings] --Article 22 [Language] --Article 23 [Statements of claim and defence] --Article 24 [Hearings and written proceedings] --Article 25 [Default of a party] --Article 26 [Expert appointed by arbitral tribunal] --Article 27 [Court assistance in taking evidence] --Article 28 [Rules applicable to substance of dispute] --Article 29 [Decision making by panel of arbitrators] --Article 30 [Settlement] --Article 31 [Form and contents of award] --Article 32 [Termination of proceedings] --Article 33 [Correction and interpretation of award; additional award] --Article 34 [Application for setting aside as exclusive recourse against arbitral award] --Article 35 - original version [Recognition and enforcement] --Article 35 - as amended [Recognition and enforcement] --Article 36 [Grounds for refusing recognition or enforcement].
Book Synopsis Arbitration in Egypt by : Ibrahim Shehata
Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
Book Synopsis Cross-Border Insolvency by : Neil Hannan
Download or read book Cross-Border Insolvency written by Neil Hannan and published by Springer. This book was released on 2017-08-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Book Synopsis UNCITRAL Legislative Guide on Secured Transactions by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Legislative Guide on Secured Transactions written by United Nations Commission on International Trade Law and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The overall objective of the UNCITRAL Legislative Guide on Secured Transactions (the Guide) is to promote low-cost credit by enhancing the availability of secured credit. In line with this objective, the Supplement on Security Rights in Intellectual Property (the Supplement) is intended to make credit more available and at a lower cost to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights as security for credit. The Supplement, however, seeks to achieve that objective without interfering with fundamental policies of law relating to intellectual property.
Author :United Nations Commission on International Trade Law Publisher :United Nations Publications ISBN 13 :9789211337365 Total Pages :384 pages Book Rating :4.3/5 (373 download)
Book Synopsis Legislative Guide on Insolvency Law by : United Nations Commission on International Trade Law
Download or read book Legislative Guide on Insolvency Law written by United Nations Commission on International Trade Law and published by United Nations Publications. This book was released on 2005 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.
Book Synopsis A Guide to the ICDR International Arbitration Rules by : Martin F. Gusy
Download or read book A Guide to the ICDR International Arbitration Rules written by Martin F. Gusy and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rule-by-rule commentary on the genesis, interpretation and application of the International Centre for Dispute Resolution (ICDR) Rules. The book is designed to give arbitrators, practitioners and academics a first port of call when considering ICDR arbitration, and provide the first stand-alone comprehensive commentary on these important rules.
Book Synopsis Practitioner's Guide to the CISG by : Camilla Baasch Andersen
Download or read book Practitioner's Guide to the CISG written by Camilla Baasch Andersen and published by Juris Publishing, Inc.. This book was released on 2010-11-01 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing complexity of international trade, practitioners in commercial law increasingly need access to scholarly sources and foreign case law. A goal of the United Nations Convention on the International Sale of Goods (CISG) has been the standard of a “global jurisconsultorium,” where judges and arbitrators would share resources and consult what has been done in foreign jurisdictions. However, without the prior work of material-collecting, proper translation into English, and organization of the resulting abundance of material, compliance with this goal would be impossible. The Practitioner’s Guide to the CISG is a direct answer to that need and a decisive step toward fulfilling that goal. Written by three scholars from six different countries, the book represents the best analyses of CISG cases available anywhere. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the CISG.
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.
