Author: United Nations Commission on International Trade Law
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 44

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Book Description

Author: Vereinte Nationen Commission on International Trade Law
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description

Author: United Nations Commission on International Trade Law
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 10

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Book Description

Author:
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 31

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Book Description

Author: Thomas H. Webster
Publisher:
ISBN: 9780414067134
Category : Arbitration and award
Languages : en
Pages : 809

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Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 31

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Book Description

Author: David D. Caron
Publisher: OUP Oxford
ISBN: 0191665312
Category : Law
Languages : en
Pages : 1134

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Book Description
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

Author: ONU. Comisión para el Derecho Mercantil Internacional
Publisher:
ISBN:
Category :
Languages : en
Pages : 31

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Book Description

Author: Clyde Croft
Publisher: Cambridge University Press
ISBN: 0521195721
Category : Law
Languages : en
Pages : 545

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Book Description
Observer delegates to the UNCITRAL Working Group charged with conducting revisions provide insights and commentary on the process and results.

Author: Jan-Philip Elm
Publisher:
ISBN:
Category :
Languages : en
Pages : 94

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Book Description
Empirical evidence indicates that national court judges fall prey to cognitive biases and heuristics. The same may be assumed for international arbitrators. Improving third-party adjudication through behavior-ally informed rules on procedure thus seems to be an avenue of research worth being pursued. In applying behavioral law and economics to international commercial arbitration, the present analysis shows (1) that behavioral economics can help to understand arbitrators' behavior and (2) suggests how the law may mitigate their cognitive biases and heuristics in order to design more effective, efficient, and fair arbitral proceedings under the UNCITRAL Arbitration Rules. The analysis focuses on (i) the representativeness heuristic, (ii) anchoring, (iii) the hindsight bias, (iv) framing effects, and (v) the egocentric bias. Building on their underlying dynamics and recent research on context-dependent decision-making, corresponding debiasing mechanisms may be implemented into arbitral proceedings through either behaviorally informed (model) arbitration clauses or by complementing existing frameworks such as the UNCITRAL Notes on Organizing Arbitral Proceedings in a behaviorally informed manner. Hence, in applying insights from economics and psychology to international arbitration, the present analysis adopts a prescriptive approach, examining how to actively mitigate arbitrators' cognitive shortcomings as much as possible. Ac-curacy in fact determination - or the search for the truth - is perceived as the central motivation of this approach. As prescriptive insights from behavioral economics are able to allow for more accurate judgment, behaviorally informed rules on procedure not only benefit disputing parties by enhancing the idea of due process, but in doing so, they also empower international arbitration as a legal institution when con-fronted with national legal systems.