Handbook of UNCITRAL Arbitration: Commentary, Precedents & Models for UNCITRAL-based Arbitration Rules

Arbitration / Mediation / Litigation

Handbook of UNCITRAL Arbitration Commentary, Precedents & Models for UNCITRAL-based Arbitration Rules

By Thomas H. Webster
Sweet & Maxwell U.K. December 2010

Specifications

ISBN-13
9781847038982
Publisher
Sweet & Maxwell U.K.
Publication
December 2010
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

This title presents a practical, rule-by-rule guide to the new UNCITRAL Arbitration Rules, revised in July 2010, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration.

  • Provides invaluable guidance to lawyers, arbitrators and appointing authorities involved in UNCITRAL Arbitration and reflects the various concerns from each perspective
  • Explains core principles behind the UNCITRAL Rules and examines how those principles have been applied
  • Reviews the UNCITRAL arbitration process from start to finish, examining each stage including the model arbitration clause, the constitution of the Tribunal, the conduct of arbitral proceedings, the weighing of evidence, and the form, effect and interpretation of the award
  • Links UNCITRAL Arbitration to the place of arbitration, giving you the resources to handle any UNCITRAL arbitration Model law countries including France, Switzerland, England and the US
  • Commentary also draws on original research on issues such as national review of awards, allocation of costs, bifurcation and challenges of arbitrators

Table of Contents

Commentary to UNCITRAL Rules of Arbitration:

  • Introductory Provisions
  • Arbitration Agreement
  • Notice of Arbitration
  • Response
  • Appointing Authorities
  • The Arbitral Tribunal
  • The Arbitral Proceedings
  • Awards
  • Costs
  • Model Arbitration Clause



Commentary on UNCITRAL Arbitration under Sample BIT’s

  • Dispute Resolution Provisions
  • Definition of Investors and Investments
  • Fair and Equitable Treatment; Most favoured nation provisions
  • Expropriation



Models, Precedents and Examples:

  • List of Models, Precedents and Examples
  • Introduction Regarding Models, Precedents and Examples



Sample documents:

  • Notice of Arbitration
  • Terms of Appointment
  • Submission of a list of possible arbitrators by the Appointing Authority
  • Decision on challenge by an Appointing Authority
  • Basic procedural orders
  • Form for disclosure of documents
  • Statement of Claim
  • Statement of Defence
  • Partial Award
  • Final Award
  • Additional Award
  • Termination Order



Appendices and Further Materials:

  • UNCITRAL Rules of Arbitration: Foreword and Appendices
  • List of other Dispute Resolution Services
  • New York Convention
  • Excerpt from the French New Code of Civil Procedure
  • Excerpt from the Swiss Private International Law
  • Excerpt from the US Federal Arbitration Act
  • Excerpt form the English Arbitration Act 1996
  • IBA Rules of Evidence (2010)
  • IBA Guidelines on Conflict of Interest
  • ABA/AAA Code of Ethics for Arbitrators
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