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Commentary on the UNCITRAL Arbitration Rules 2010

Commentary on the UNCITRAL Arbitration Rules 2010 A Practitioner's Guide

Author: Sophie Nappert
Publisher: Juris Publishing
ISBN: 9781933833859
Published In: June 2012
Format: Paperback , 222 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author
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Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner’s Guide is an article-by-article commentary of the new Rules highlighting policies and reasons for the modifications. The work delves into what lies behind the new UNCITRAL Rules. It is a user-friendly, practical reference guide for everyday use by the busy practitioner. It provides the key points to know about each provision of the new Rules. The appendix provides the full text of the 2010 Rules.

Acknowledgements

About the Author

Introduction
General Principles Guiding the Working Group

Section I - Introductory Rules

Article 1--Scope of the Application
Article 2--Notice and Calculation of Periods of Time
Article 3--Notice of Arbitration
Article 4--Response to the Notice of Arbitration
Article 5--Representation and Assistance
Article 6--Designating and Appointing Authorities

Section II - Composition of the Arbitral Tribunal

Article 7--Number of Arbitrators
Articles 8 through 10--Appointment of Arbitrators
Article 8--Appointment of a Sole Arbitrator: List Procedure
Article 9--Appointment of Three Arbitrators
Article 10--Multi-Party Cases
Articles 11 through 13--Disclosure by and Challenge of Arbitrators
Article 11--Disclosure
Articles 12 and 13--Challenges
Article 14--Replacement of an Arbitrator
Article 15--Repetition of Hearings in the Event of the Replacement of an Arbitrator
Article 16--Liability

Section III - Arbitral Proceedings

Article 17--General Provisions
Article 18--Place of Arbitration
Article 19--Language
Article 20--Statement of Claim
Article 21--Statement of Defence
Article 22--Amendments to the Claim or Defence
Article 23--Pleas as to the Jurisdiction of the Arbitral Tribunal
Article 24--Further Written Statements
Article 25--Periods of Time
Article 26--Interim Measures
Article 27--Evidence
Article 28--Hearings
Article 29--Experts Appointed by the Arbitral Tribunal
Article 30--Default
Article 31--Closure of Hearings
Article 32--Waiver of Right to Object

Section IV - The Award

Article 33--Decisions
Article 34--Form and Effect of the Award
Article 35--Applicable Law, Amiable Compositeur
Article 36--Settlement or Other Grounds for Termination
Article 37--Interpretation of the Award
Article 38--Correction of the Award
Article 39--Additional Award
Article 40--Definition of Costs
Article 41--Fees and Expenses of Arbitrators
Article 42--Allocation of Costs
Article 43--Deposit of Costs

Appendix
UNCITRAL Rules 2010
UNCITRAL Model Law on International Commercial Arbitration

Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at Denton Wilde Sapte (now SNR Denton).

Ms. Nappert is trained and has practised in both civil law and common law jurisdictions. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration.

She is a member of the UNCITRAL Working Group on International Commercial Arbitration and participated in the Working Group's review and development of the 2010 UNCITRAL Arbitration Rules.

"Nappert focuses on providing insights into the development of the new Rules and the rationale for the changes. The comparative table of the old and new Rules emphasizes the parts of the text that are unique to each set of Rules, which makes it easy to see the changes. The practical notes give helpful guidance to people working with the new Rules for the first time. The text is easy to read and practical. Nappert (an experienced practitioner) uses the terse bullet point approach to great effect and will answer many of the questions that may arise in an arbitration using the new UNCITRAL Rules. Nappert is more accessible and will answer most of the questions a practitioner is likely to ask." - Peter S. Caldwell - "Asian Dispute Review (October 2013)"