Uncitral 2012 Digest Of Case Law On The Model Law On International Commercial Arbitration

Author : United Nations Commission on International Trade Law
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2012
Category : Political Science
ISBN : 9211337933

Get Book

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

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.

Author : Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne
Publisher : Cambridge University Press
Page : 1292 pages
File Size : 44,9 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781108633772

Get Book

UNCITRAL Model Law on International Commercial Arbitration by Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne Pdf

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.

Author : Gilles Cuniberti
Publisher : Edward Elgar Publishing
Page : 627 pages
File Size : 55,9 Mb
Release : 2022-11-15
Category : Law
ISBN : 9781788110341

Get Book

The UNCITRAL Model Law on International Commercial Arbitration by Gilles Cuniberti Pdf

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.

Author : Aron Broches
Publisher : Springer
Page : 244 pages
File Size : 46,7 Mb
Release : 1990-09-04
Category : Law
ISBN : UOM:35112101707141

Get Book

Commentary on the UNCITRAL Model Law on International Commercial Arbitration by Aron Broches Pdf

Author : Frédéric Bachand,Fabien Gélinas
Publisher : Juris Publishing, Inc.
Page : 380 pages
File Size : 52,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781937518240

Get Book

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration by Frédéric Bachand,Fabien Gélinas Pdf

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.

Author : Gary F. Bell
Publisher : Cambridge University Press
Page : 461 pages
File Size : 50,5 Mb
Release : 2018-10-04
Category : Language Arts & Disciplines
ISBN : 9781107183971

Get Book

The UNCITRAL Model Law and Asian Arbitration Laws by Gary F. Bell Pdf

Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.

Author : Mark Campbell
Publisher : Edward Elgar Publishing
Page : 185 pages
File Size : 54,9 Mb
Release : 2024-02-12
Category : Law
ISBN : 9781802203738

Get Book

The Model Law Approach to International Commercial Arbitration by Mark Campbell Pdf

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.

Author : Henri Alvarez
Publisher : Springer
Page : 0 pages
File Size : 55,8 Mb
Release : 2002-12-16
Category : Law
ISBN : 9041119256

Get Book

Model Law Decisions:Cases Applying the Uncitral Model Law on International by Henri Alvarez Pdf

The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, is a must for every international arbitration practitioner. The authors have compiled decisions applying the Model Law from most Model Law jurisdictions, and they have organized them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Features: The work compiles decisions applying the Model Law from various Model Law jurisdictions. Cases are organized by section of the Model Law with the cases applying that section from multiple jurisdictions, summarized together. Benefits: a substantial coverage of the UNCITRAL Model Law on Arbitration written by distinguished arbitration practitioners the work provides easy reference summaries not only include a statement of the holding of the case, but also of the facts and the ruling, and case citations; this compilation allows arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions user-friendly reference to cases.

Author : United Nations Commission on International Trade Law
Publisher : New York : United Nations
Page : 32 pages
File Size : 52,9 Mb
Release : 1995
Category : Arbitration agreements, Commercial
ISBN : UIUC:30112000861630

Get Book

UNCITRAL Model Law on International Commercial Arbitration by United Nations Commission on International Trade Law Pdf

Author : Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne
Publisher : Cambridge University Press
Page : 650 pages
File Size : 53,5 Mb
Release : 2020-02-29
Category : Law
ISBN : 110849823X

Get Book

UNCITRAL Model Law on International Commercial Arbitration by Ilias Bantekas,Pietro Ortolani,Shahla Ali,Manuel A. Gomez,Michael Polkinghorne Pdf

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.

Author : Howard M.. Holtzmann,Joseph E.. Neuhaus
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2015
Category : International commercial arbitration
ISBN : OCLC:934552053

Get Book

A Guide to the UNCITRAL Model Law on International Commercial Arbitration by Howard M.. Holtzmann,Joseph E.. Neuhaus Pdf

Author : Peter Edward Nygh
Publisher : Kluwer Law International
Page : 40 pages
File Size : 50,9 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105061973454

Get Book

Choice of Forum and Laws in International Commercial Arbitration by Peter Edward Nygh Pdf

International commercial arbitration raises issues other than the choice of the law applicable to the principal contract. Autonomy may have a wider meaning, extending beyond the choice of applicable law to the choice of arbitration itself, and of the place or places where it is to be conducted. Nor is it altogether clear what the forum is, if any. This paper raises the fundamental question of what gives the arbitrator his or her competence--the will of the parties or the law of the seat of arbitration which the parties may, or may not, have chosen? The paper also suggests an answer to the questions of which choice of law rules, if any, should be applied by the arbitrators, to what extent arbitrators will apply mandatory rules (règles d'application immédiate), as well as which law governs the procedural aspects and whether it has to be the procedural law of a national system. The new English Arbitration Act 1996 has also been taken into account.

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 560 pages
File Size : 53,9 Mb
Release : 2023-05-12
Category : Law
ISBN : 9789403503172

Get Book

Deference in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In international arbitration, deference entails that one decision-maker does not make an autonomous assessment but limits its decision-making power out of respect for the decision or authority of another actor. For example, a court exercising post-award review might refrain from reviewing a question of procedure de novo but instead defer to a prior determination made by the arbitral tribunal. In this book, prominent arbitration practitioners and academics offer the first systematic analysis of such deference in international arbitration. With abundant reference to case law from major arbitration hubs, the analysis is organized around the three relationships in which questions of deference arise: public-private relationships in which a State actor (e.g., a court) must decide whether it should pay deference to determinations made by a private actor (e.g., a tribunal or an arbitral institution); public-public relationships in which a State actor (e.g., a court at the place of recognition and enforcement) must decide whether it should pay deference to another State actor (e.g., a court at the seat); and private-private relationships in which a private actor (e.g., an arbitral tribunal) must decide whether it should pay deference to another private actor (e.g., another arbitral tribunal or an arbitral institution). The book makes an important contribution to tracing the boundaries of the multiple layers of control over arbitration proceedings. It takes a giant step towards establishing the right equilibrium between the different layers of authority and thus meeting a pivotal challenge for the viability of arbitration as a form of dispute resolution.

Author : United Nations Commission on International Trade Law
Publisher : Toronto, Ont. : Carswell
Page : 276 pages
File Size : 42,7 Mb
Release : 1987
Category : Law
ISBN : UIUC:30112021691990

Get Book

UNCITRAL Arbitration Model in Canada by United Nations Commission on International Trade Law Pdf

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 46,6 Mb
Release : 2017-02-15
Category : Political Science
ISBN : 9789210583183

Get Book

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 Pdf

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.