Model Law Decisions:Cases Applying the Uncitral Model Law on International PDF Download
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Author: Henri Alvarez Publisher: Springer ISBN: 9789041119254 Category : Law Languages : en Pages : 0
Book Description
The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, is a must for every international arbitration practitioner. The authors have compiled decisions applying the Model Law from most Model Law jurisdictions, and they have organized them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Features: The work compiles decisions applying the Model Law from various Model Law jurisdictions. Cases are organized by section of the Model Law with the cases applying that section from multiple jurisdictions, summarized together. Benefits: a substantial coverage of the UNCITRAL Model Law on Arbitration written by distinguished arbitration practitioners the work provides easy reference summaries not only include a statement of the holding of the case, but also of the facts and the ruling, and case citations; this compilation allows arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions user-friendly reference to cases.
Author: Henri Alvarez Publisher: Springer ISBN: 9789041119254 Category : Law Languages : en Pages : 0
Book Description
The UNCITRAL Model Law on International Commercial Arbitration has been a great success in harmonizing the law of arbitration around the world. Several dozen countries have either adopted the law or amended their own laws to be in conformity with it. The fact that the law is the same in so many countries allows courts from each country to benefit from the interpretation of the Model Law provisions in many countries. This book, written by distinguished arbitration practitioners, is a must for every international arbitration practitioner. The authors have compiled decisions applying the Model Law from most Model Law jurisdictions, and they have organized them in order to provide easy reference. The cases are organized by section of the Model law, with the cases applying that section from multiple jurisdictions summarized together. Each summary includes a statement of the holding of the case, a broader summary of the facts and the ruling, and case citations. This compilation will allow arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions. Features: The work compiles decisions applying the Model Law from various Model Law jurisdictions. Cases are organized by section of the Model Law with the cases applying that section from multiple jurisdictions, summarized together. Benefits: a substantial coverage of the UNCITRAL Model Law on Arbitration written by distinguished arbitration practitioners the work provides easy reference summaries not only include a statement of the holding of the case, but also of the facts and the ruling, and case citations; this compilation allows arbitration counsel to compare and to readily use rulings under each Model Law section from multiple jurisdictions user-friendly reference to cases.
Author: United Nations Commission on International Trade Law Publisher: ISBN: 9789211337938 Category : Political Science Languages : en Pages : 0
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: Dean Lewis Publisher: Kluwer Law International B.V. ISBN: 9041167021 Category : Law Languages : en Pages : 314
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: Ilias Bantekas Publisher: Cambridge University Press ISBN: 9781108498234 Category : Law Languages : en Pages : 650
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: Ilias Bantekas Publisher: Cambridge University Press ISBN: 1108633773 Category : Law Languages : en Pages : 1292
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: Peter Binder Publisher: Kluwer Law International B.V. ISBN: 904116894X Category : Law Languages : en Pages : 987
Book Description
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.
Author: Publisher: ISBN: 9789210563994 Category : Bankruptcy Languages : en Pages : 118
Book Description
UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Author: Henri Alvarez
Author: Henri Alvarez
Author: United Nations Commission on International Trade Law
Author: Gary F. Bell
Author: Dean Lewis
Author: Ilias Bantekas
Author: Ilias Bantekas
Author: Peter Binder
Author: United Nations Commission on International Trade Law
Author: Commonwealth Secretariat
Author: