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Vol 24 No 8 Aug/Sept 2019

Book of the Month

Cover of Fisher and Lightwood's Law of Mortgage

Fisher and Lightwood's Law of Mortgage

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UNCITRAL Model Law on International Commercial Arbitration: A Commentary


ISBN13: 9781108498234
Published: December 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application



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.

  • A comprehensive article-by-article commentary of the Model Law on International Commercial Arbitration written by leading academics and practitioners
  • Provides in-depth critical analysis of commercial arbitration that not only discusses case-law but also explores the ideas behind arbitration
  • Combines both theory and practice, ensuring relevance for practitioners, legislators and academics

  • Subjects:
    Arbitration and Alternative Dispute Resolution
    Contents:
    1. Scope of application Michael Polkinghorne, Tuuli Timonen and Nika Larkimo
    2. Definitions and rules of interpretation, Pietro Ortolani
    2A. International origin and general principles, Ilias Bantekas
    3. Receipt of written communications, Ilias Bantekas
    4. Waiver of right to object, Ilias Bantekas
    5. Extent of court intervention, Manuel E. Gomez
    6. Court or other authority for certain functions of arbitration assistance and supervision, Shahla Ali and Odysseas G. Repousis
    7. Definition and form of arbitration agreement, Ilias Bantekas and Pietro Ortolani
    8. Arbitration agreement and substantive claim before court, Ilias Bantekas
    9: Arbitration agreement and interim measures by court, Shahla Ali and Odysseas G. Repousis
    10. Number of arbitrators, Ilias Bantekas
    11. Appointment of arbitrators, Shahla Ali and Odysseas G. Repousis
    12. Grounds for challenge, Pietro Ortolani
    13. Challenge procedure, Manuel E. Gomez
    14. Failure or impossibility to act, Michael Polkinghorne, Kirsten Odynski, Mariele Coulet-Diaz and Zehaan Trivedi
    15. Appointment of substitute arbitrator, Pietro Ortolani
    16. Competence of arbitral tribunal to rule on its own jurisdiction, Michael Polkinghorne, Alvaro Peralta, Hazel Levent and Gwen Wackwitz
    17. Power of arbitral tribunal to order interim measures, Pietro Ortolani
    18. Equal treatment of parties, Ilias Bantekas
    19. Determination of rules of procedure, Manuel E. Gomez and Ikram Ullah
    20. Place of arbitration, Pietro Ortolani
    21. Commencement of arbitral proceedings, Shahla Ali and Tom Kabau
    22. Language, Ilias Bantekas
    23. Statements of claim and defence, Shahla Ali and Tom Kabau
    24. Hearings and written proceedings, Pietro Ortolani
    25. Default of a part, Manuel Gomez
    26. Expert appointed by arbitral tribunal, Michael Polkinghorne, Karim Mariey and Tomas Vail
    27. Court assistance in taking evidence, Shahla Ali and Odysseas G Repousis
    28. Rules applicable to substance of dispute, Ilias Bantekas
    29. Decision-making by panel of arbitrators, Manuel Gomez
    30. Settlement, Michael Polkinghorne and Poorvi Satija
    31. Form and contents of award, Ilias Bantekas
    32. Termination of proceedings, Ilias Bantekas
    33. Correction and interpretation of award: additional award, Ilias Bantekas and Ikram Ullah
    34. Application for setting aside as exclusive recourse against arbitral award, Pietro Ortolani
    35. Recognition and enforcement, Pietro Ortolani
    36. Grounds for refusing recognition and enforcement, Michael Polkinghorne, Jack Biggs, Anna Chuwen Dai and Tolu Obamuroh.