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UNCITRAL Model Law on International Commercial Arbitration: A Commentary (eBook)

Ilias Bantekas, Pietro Ortolani, Shahla Ali, Manuel Gomez, Michael Polkinghorne

ISBN13: 9781108633772

Published: March 2020

Publisher: Cambridge University Press

Country of Publication: UK

Format: eBook (ePub)

Price: £234.00
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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:: eBooks, 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.