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International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions

International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions
Author: Peter Binder
Publisher: Kluwer Law International B.V.
Total Pages: 987
Release: 2019-05-14
Genre: Law
ISBN: 904116894X

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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 Work of UNCITRAL on Arbitration and Conciliation

The Work of UNCITRAL on Arbitration and Conciliation
Author: Pieter Sanders
Publisher: Kluwer Law International B.V.
Total Pages: 334
Release: 2004-01-01
Genre: Law
ISBN: 9041122494

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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.


UNCITRAL Conciliation Rules

UNCITRAL Conciliation Rules
Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
Total Pages: 24
Release: 1981
Genre: Law
ISBN:

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

UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration
Author: United Nations Commission on International Trade Law
Publisher:
Total Pages: 0
Release: 2012
Genre: Political Science
ISBN: 9789211337938

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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.


The Work of Unicitral on Arbitration and Concilliation

The Work of Unicitral on Arbitration and Concilliation
Author: Pieter Sanders
Publisher: Springer
Total Pages: 0
Release: 2001-02-28
Genre: Law
ISBN: 9789041115119

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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.


A Guide to the UNCITRAL Arbitration Rules

A Guide to the UNCITRAL Arbitration Rules
Author: Clyde Croft
Publisher: Cambridge University Press
Total Pages: 545
Release: 2013-04-25
Genre: Law
ISBN: 0521195721

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Observer delegates to the UNCITRAL Working Group charged with conducting revisions provide insights and commentary on the process and results.


International Commercial Arbitration

International Commercial Arbitration
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
Total Pages: 528
Release: 2003-01-01
Genre: Law
ISBN: 9041122192

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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


UNCITRAL Arbitration

UNCITRAL Arbitration
Author: Jan Paulsson
Publisher: Kluwer Law International B.V.
Total Pages: 668
Release: 2016-04-24
Genre: Law
ISBN: 9041142193

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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.


International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions

International Commercial Arbitration and Conciliation in UNCITRAL Model Law Jurisdictions
Author: Peter Binder
Publisher: Sweet & Maxwell
Total Pages: 716
Release: 2010
Genre: Arbitration and award
ISBN: 9781847032058

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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.