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| Author | : Gary F. Bell |
| Publisher | : Cambridge University Press |
| Total Pages | : 461 |
| Release | : 2018-10-04 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1107183979 |
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
| Author | : Ilias Bantekas |
| Publisher | : Cambridge University Press |
| Total Pages | : 1292 |
| Release | : 2020-03-05 |
| Genre | : Law |
| ISBN | : 1108633773 |
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 | : Michael Charles Pryles |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 568 |
| Release | : 2007-10-01 |
| Genre | : Arbitration and award |
| ISBN | : 1933833114 |
The essays in this volume, prepared by a virtual “who’s who” of the leading arbitrators in Asia, present a unique insight into arbitration practices and procedures in the world’s largest and fastest growing region. This book offers thoughtful advice and insights into the world of international arbitration in Asia from some of the most prominent and experienced international arbitrators in the world. The contributors are arbitrators from Brunei Darussalam, China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, New Zealand, the Philippines, Singapore, United Kingdom and the USA. The contributors offer insights and advice on the way in which international arbitrations are carried out from the point of view of arbitrators reading pleadings and memorials and listening to witnesses and hearing arguments. The authors' discussions are intended to be thoughtful, insightful and useful - and perhaps, occasionally, iconoclastic. There may be instances in which the authors disagree with one another on certain points, for there are often many routes that can be taken to achieve a result. The book will be useful not only to persons who may serve as arbitrators in international arbitral proceedings but also to those who may, in their position as advocates, wish to persuade persons - including, perhaps, the authors.
| Author | : Dean Lewis |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 314 |
| Release | : 2016-03-22 |
| Genre | : Law |
| ISBN | : 9041167021 |
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.
| Author | : Ilias Bantekas |
| Publisher | : Cambridge University Press |
| Total Pages | : 650 |
| Release | : 2020-02-29 |
| Genre | : Law |
| ISBN | : 9781108498234 |
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 | : Frédéric Bachand |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 380 |
| Release | : 2013-08-01 |
| Genre | : Law |
| ISBN | : 1937518248 |
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 | : Gilles Cuniberti |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 627 |
| Release | : 2022-11-15 |
| Genre | : Law |
| ISBN | : 178811034X |
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 | : |
| Publisher | : Maklu Pub |
| Total Pages | : 172 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
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. --
| Author | : Thayananthan Baskaran |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 620 |
| Release | : 2019-09-27 |
| Genre | : Law |
| ISBN | : 9041186735 |
Arbitration in Malaysia A Commentary on the Malaysian Arbitration Act Thayananthan Baskaran Kuala Lumpur is developing into a regional hub for arbitration. The International Centre for Settlement of Investment Disputes has selected Kuala Lumpur as an alternative venue and the Permanent Court of Arbitration has opened offices there. This section-by-section commentary provides a sequential, in-depth analysis of the Malaysian Arbitration Act 2005, explaining each section’s purpose, legal source, application and effect. The text and commentary offer comprehensive details on issues arising in the course of an arbitration in Malaysia, including the following: arbitrability of the subject matter of the dispute; form of an arbitration agreement; recourse available to parties from the Courts; appointment, removal and substitution of arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure for the conduct of an arbitration; formal requirements for a binding arbitral award; grounds for setting aside an arbitral award; means for enforcing an award; and grounds on which enforcement may be declined. The commentary is primarily based on the interpretation of the Act by the Courts. The commentary includes the history of each section of the Act and the source texts in the underlying United Nations Commission on International Trade Law Model Law and statutes in other Model Law jurisdictions. This definitive guide will prove to be of immeasurable value in approaching any arbitration with a seat in Malaysia. In addition to such practical use, it will be relevant for arbitrators, in-house counsel, law firms, companies doing transnational business, interested academics and international arbitration centers. Quote/ reviews: "This book is outstanding, and I would recommend it to all in the arbitration community." Dr Cyril Chern, Barrister, Chartered Architect, Chartered Arbitrator - 4 New Square Chambers Source: Dispute Board Federation | Issue: 2 Spring 2020 "Given Malaysia’s status as a Model Law jurisdiction, the commentary is a very useful contribution to cross jurisdictional and comparative study of the application of the Model Law in practice. The same comment applies to its treatment of the recognition and enforcement of awards under the New York Convention....This book is both a valuable addition to the existing corpus of leading works on arbitration law and practice in Malaysia and an essential reference tool for arbitrators and practitioners alike." Robert Morgan, Barrister & Consulting/Technical Editor - Asian Dispute Review Source: Asian Dispute Review | April 2020 Issue
| Author | : Michael J. Moser |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 844 |
| Release | : 2008-09-01 |
| Genre | : Law |
| ISBN | : 1933833203 |
Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Arbitration in Asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in Asia. The book includes substantive chapters reflecting detailed commentary and analysis on 18 Asian jurisdictions from the area's leading arbitration practitioners and experts. The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia.
