Author: Frédéric Bachand
Publisher: Juris Publishing, Inc.
Release Date: 2013-08-01
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: Dean Lewis
Publisher: Kluwer Law International B.V.
Release Date: 2016-03-22
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: Giacomo Marchisio
Publisher: Kluwer Law International B.V.
Release Date: 2016-04-24
International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.
Author: Rüdiger Wilhelmi
Release Date: 2018-09-17
Unternehmenskaufverträge ersetzen die gesetzlichen weitgehend durch kautelarjuristische Regelungen. M&A-Streitigkeiten werden sehr häufig vor privaten Schiedsgerichten verhandelt. Diese Privatisierung von Recht und Rechtsprechung hat Konsequenzen für die Rechtsanwendung und -fortbildung. Die Beiträge dieses Sammelbandes behandeln die damit verbundenen aktuellen Probleme und Grundsatzfragen. Eingegangen wird etwa auf die Wechselwirkungen zwischen Schieds- und staatlicher Gerichtsbarkeit sowie das anwendbare Recht und den Schiedsstandort, aber auch auf die Auswirkungen auf das materielle Recht des Unternehmenskaufs wie Kaufpreisregelungen, Haftung aus vorvertraglichen Schuldverhältnissen oder Störungen der Geschäftsgrundlage. Die Herausgeber Prof. Dr. Rüdiger Wilhelmi hält den Lehrstuhl für Bürgerliches Recht, Handels-, Gesellschafts- und Wirtschaftsrecht sowie Rechtsvergleichung an der Universität Konstanz. Prof. Dr. Michael Stürner, M.Jur. (Oxford) ist Inhaber des Lehrstuhls für Bürgerliches Recht, Internationales Privat- und Verfahrensrecht und Rechtsvergleichung an der Universität Konstanz sowie Richter am OLG Karlsruhe.
Author: William F. Fox
Publisher: Kluwer Law International B.V.
Release Date: 2018-03-26
Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.
Author: Isaak Ismail Dore
Publisher: Graham & Trotman
Release Date: 1993
The book is an up-to-date review of the contemporary significance and success of the UNCITRAL Arbitration Rules (1976) and Model Law (1980). The book pursues three goals simultaneously: (1) to compare the UNCITRAL rules, article by article, with other major alternative rules, naley, The arbitration rules of the International Chamber of Commerce (ICC) And The London Court of International Arbitration (LCIA); (2) to examine the adaptability and use of the UNCITRAL rules by one of the most significant arbitral tribunals of the twentieth century, namely the Iran-U.S. Claims Tribunal; and (3) to assess the worldwide implementation UNCITRAL's Model Law. The book contains the full text of the Rules of the Iran-United States Claims Tribunal.
Author: A. J. van den Berg
Publisher: Kluwer Law Intl
Release Date: 1994
The reports and commentaries in this volume are a clear reflection of the changes in the world economic and political structure. They contain both general overviews of the current situation as well as detailed observations.The rapporteurs and commentators were selected from legal systems and institutions where international commercial arbitration is firmly established, as well as from legal systems where the former tentative position of international commercial arbitration is only now being strengthened by means of acceptance by governments, ratification of multilateral arbitration Conventions, enacting of new legislation, and the establishment of new arbitral institutions.A subscription ensures you will receive all future volumes automatically.
Author: Association for International Arbitratio
Publisher: Maklu Uitgevers N.V.
Release Date: 2010-06-04
The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and amended in 2006. More than 65 countries have since revised their laws on international commercial arbitration by reference to the Model Law. The goal of the Model Law - coupled with the New York Convention of 1958 on the recognition and the enforcement of foreign arbitral awards - was to contribute to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. This book - by the Association for International Arbitration (AIA) - measures the degree of unification which the Model Law has achieved and its contribution to the development of legal thinking on international arbitration during the past 25 years.