The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration write by Dean Lewis. This book was released on 2016-03-22. The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration available in PDF, EPUB and Kindle. Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UNCITRAL Model Law 1985 (UML), which takes a giant step forward toward global uniformity in legal application and understanding of the arbitration process. This book develops a standard or benchmark for the UML objective of uniformity, using the relevant legislation and case law of Hong Kong, Singapore, and Australia to consider whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions. Given the importance of the ability to set aside an arbitral award, the body of case law on setting aside and the directly related area of enforcement, the emphasis throughout is on Article 34. In addition, the study considers: - the meaning of uniformity in law and in the context of the UML; - the correct approach to interpretation of the UML pre and post Article 2A; - the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG); - the relationship between the UML and the New York Convention; - the degree of textual uniformity of Article 34 with the three jurisdictions focused on; and - the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject. This book considers whether the UML has succeeded in its aim of achieving uniformity. It serves as a guide, both academic and practical, to exploring and adopting the correct approach to the interpretation of the UML as well as to the method of classification of court decisions under the UML. This study is of immeasurable academic and practical value.
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration write by Frédéric Bachand. This book was released on 2013-08-01. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration available in PDF, EPUB and Kindle. 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.
The UNCITRAL Model Law on International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The UNCITRAL Model Law on International Commercial Arbitration write by Gilles Cuniberti. This book was released on 2022-11-15. The UNCITRAL Model Law on International Commercial Arbitration available in PDF, EPUB and Kindle. 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.
A Guide to the UNCITRAL Model Law on International Commercial Arbitration
A Guide to the UNCITRAL Model Law on International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Guide to the UNCITRAL Model Law on International Commercial Arbitration write by Howard M. Holtzmann. This book was released on 1989. A Guide to the UNCITRAL Model Law on International Commercial Arbitration available in PDF, EPUB and Kindle. 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].
The UNCITRAL Model Law on International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The UNCITRAL Model Law on International Commercial Arbitration write by . This book was released on 2010. The UNCITRAL Model Law on International Commercial Arbitration available in PDF, EPUB and Kindle. This publication discusses the theoretical implications behind United Nations Conference on International Trade Law (UNCITRAL). The conference sought to measure the degree of unification which the Model Law has achieved and its contribution to the development of legal thinking on international arbitration. This book serves as review of the latest developments and perspectives on the UNCITRAL Model Law on International Commercial Arbitration in the past twenty-five years. The reader will gain insight on certain provisions and rules of the Model Law as well as recent reforms by various countries. --
