UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration PDF Download
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Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211337938
Category : Political Science
Languages : en
Pages : 0
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Book Description
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.
Author: United Nations Commission on International Trade Law
Publisher:
ISBN: 9789211337938
Category : Political Science
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Gary F. Bell
Publisher: Cambridge University Press
ISBN: 1107183979
Category : Language Arts & Disciplines
Languages : en
Pages : 461
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Book Description
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author: Dean Lewis
Publisher: Kluwer Law International B.V.
ISBN: 9041167021
Category : Law
Languages : en
Pages : 255
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Book Description
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: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
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Book Description
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 9781108498234
Category : Law
Languages : en
Pages : 650
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Book Description
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: Isaak Dore
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 238
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Book Description
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: to compare the UNCITRAL rules, article by article, with other major alternative rules, namely the arbitration rules of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA); to examine the adaptability and use of the UNCITRAL rules by one of the most significant arbitral tribunals of the 20th century, namely, the Iran-US Claims Tribunal; and to assess the world-wide implementation UNCITRAL's Model Law, containing the full text of the Rules of the Iran-United States Claims Tribunal.
Author: Louise Hauberg Wilhelmsen
Publisher: Edward Elgar Publishing
ISBN: 1788115058
Category : Law
Languages : en
Pages : 418
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Book Description
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Author: Commonwealth Secretariat
Publisher:
ISBN: 9780850923834
Category : Arbitration and award
Languages : en
Pages : 94
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Book Description
This book is about UNCITRAL
Author: Thomas H. Webster
Publisher:
ISBN: 9780414067134
Category : Arbitration and award
Languages : en
Pages : 809
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Book Description
Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
ISBN:
Category : Law
Languages : en
Pages : 24
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Book Description
