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The Elgar Companion to UNCITRAL

The Elgar Companion to UNCITRAL

Author: Rishi Gulati; Thomas John; Ben Köhler
Publisher: Edward Elgar Publishing
ISBN: 9781803924533
Published In: November 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law.

A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments.

UNCITRAL legal texts xviii

Foreword xxiv

Introduction to The Elgar Companion to UNCITRAL 1

Rishi Gulati (with Ben Köhler and Thomas John)

PART I. INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES

UNCITRAL: the organization 11

José Angelo Estrella Faria

UNCITRAL conventions and private international law: from antagonism to symbiosis 36

Franco Ferrari

Harmonising the local and global: non-unitary States and UNCITRAL’s work of legal convergence 53

Justin Gleeson SC and Danielle Forrester

Progressive harmonisation of international trade law in Africa: the role of UNCITRAL 81

’Gbenga Bamodu

Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges 99

Anselmo Reyes

Latin America’s perspective on the reform of the Investor-State Dispute Settlement Mechanism 116

Christian Carbajal Valenzuela

PART II. INTERNATIONAL DISPUTE RESOLUTION

UNCITRAL’s work in investor-state dispute settlement: promoting the rule of law internationally? 140

Rishi Gulati and Patricia Schoeffmann

The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration 161

Jeremy Shelley

The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration? 177

Dalia Palombo

10.

Sovereign immunity and international arbitration: whither the rule of law? 193

Conway Blake

11.

The history, evolution, and future of the UNCITRAL mediation framework 216

Judith Knieper and Jonathan Haddad

12.

The Singapore Convention 242

Nadja Alexander and Clarissa Chern

13.

Making the impossible possible: UNCITRAL’s impact on the harmonisation and modernisation of India’s legal framework for dispute resolution 267

Nidhi Gupta

14.

Online dispute resolution 277

Ronald A. Brand

PART III. INTERNATIONAL CONTRACT LAW

15.

The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification 296

Ulrich G. Schroeter

16.

The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law 328

Pedro Mendoza Montano

17.

The CISG in the age of sustainable supply chains 339

Ben Köhler

18.

Thinking, small and large: can the CISG help SMEs and if so, how? 356

Lisa Spagnolo

PART IV. SELECTED TOPICS

19.

UNCITRAL and MSMEs: an enduring and successful marriage 377

Petra Butler

20.

ESG as a business model for small and medium-sized enterprises 392

Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen

21.

Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL’s instruments 410

Irit Mevorach

22.

Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation 428

Jodie Adams Kirshner and Yannick Chatard

23.

Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions 442

Spyridon V. Bazinas

24.

Negotiable instruments law: two layers of harmful discrepancy 462

Sagi Peari

25.

The UNCITRAL Model Law on Public Procurement: potential next steps 480

Christopher Yukins and Caroline Nicholas

26.

The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India 497

Mukesh Rawat and K. Damodaran Raju

27.

UNCITRAL texts on electronic commerce 512

Luca G. Castellani

28.

Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility 525

Poomintr Sooksripaisarnkit

29.

UNCITRAL and international carriage of goods by sea 541

Vivienne Bath

Index 562

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