The Work Of Uncitral On Arbitration And Conciliation
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The Work of UNCITRAL on Arbitration and Conciliation by Pieter Sanders Pdf
This new edition, Pieter Sanders focuses on the ongoing revision of the Model Law on Arbitration, including reports on what has been achieved so far and detailed discussion of ten topics for revisions to be addressed in the future. This is a book that will be of value to corporate counsel, international lawyers, business people, academics and students in this important field of dispute resolution.
The Work of Unicitral on Arbitration and Concilliation by Pieter Sanders Pdf
In this volume the author provides a broad overview of UNCITRAL's achievements in the field of dispute settlement: arbitration and conciliation. The work focuses on the UNCITRAL Model Law, which has been adopted by 34 countries spanning the globe, As well as the UNCITRAL Arbitration Rules and Conciliation Rules. it addresses questions such as: `What is the best way for arbitrators to manage an international arbitration?' and `What is the role of conciliation and mediation in such proceedings?' in addition, The author gives a personal vision of matters which UNCITRAL may address in its future work. The work is written to provide answers to questions which arise in arbitration practice. it provides a guide for all those involved or interested in the settlement of disputes relating to international trade. The Annexes contain the texts of the UNCITRAL Model Law on International Commercial Arbitration, The UNCITRAL Arbitration Rules, And The UNCITRAL Conciliation Rules.
International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions by Peter Binder Pdf
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.
Author : A. J. van den Berg Publisher : Kluwer Law International B.V. Page : 528 pages File Size : 48,5 Mb Release : 2003-01-01 Category : Law ISBN : 9789041122193
International Commercial Arbitration by A. J. van den Berg Pdf
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties
International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions by Peter Binder Pdf
Providing a detailed analysis of the reasons and policies behind UNCITRAL's new model law on international commercial conciliation, this work draws attention to the different views that influence the formulation of provisions, and considers their practical implications.
United Nations Commission on International Trade Law
Author : United Nations Commission on International Trade Law Publisher : New York : United Nations Page : 24 pages File Size : 44,8 Mb Release : 1981 Category : Law ISBN : UIUC:30112020919780
Arbitration and Mediation in International Business by Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pdf
"Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.
UNCITRAL Arbitration by Jan Paulsson,Georgios Petrochilos Pdf
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.
A Guide to the UNCITRAL Model Law on International Commercial Arbitration by Howard M. Holtzmann,Joseph E. Neuhaus Pdf
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].
International Arbitration and the Permanent Court of Arbitration by Manuel Indlekofer Pdf
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Author : David D. Caron,Lee M. Caplan Publisher : Oxford University Press Page : 1133 pages File Size : 41,5 Mb Release : 2013-03-07 Category : Law ISBN : 9780199696307
The UNCITRAL Arbitration Rules by David D. Caron,Lee M. Caplan Pdf
This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.
