Hardback
The UNCITRAL Model Law on International Commercial Arbitration
A Commentary
9781788110334 Edward Elgar Publishing
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.
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Critical Acclaim
Contents
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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.
Key Features:
• Comparative and thorough analysis of the provisions of the Model Law
• Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt
• Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted
• Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions
Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.
Key Features:
• Comparative and thorough analysis of the provisions of the Model Law
• Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt
• Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted
• Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions
Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.
Critical Acclaim
‘Gilles Cuniberti''s new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.’
– Campbell McLachlan KC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers
‘The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!’
– Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK
‘Cuniberti''s book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.’
– George Bermann, Columbia University School of Law, US
– Campbell McLachlan KC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers
‘The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!’
– Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK
‘Cuniberti''s book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.’
– George Bermann, Columbia University School of Law, US
Contents
Contents: Preface Introduction 1. General Provisions 2. Agreement 3. Composition of Arbitral Tribunal 4. Jurisdiction of Arbitral Tribunal 4a Interim Measures and Preliminary Orders 5. Conduct of Arbitral Proceedings 6. Making of Award and Termination of Proceedings 7. Recourse Against Award 8. Recognition and Enforcement of Awards Bibliography Index
