UNCITRAL Model Law after Twenty-Five Years Global Perspectives on International Commercial Arbitration

Author: Frédéric Bachand; Paul A. Gélinas
Publisher: Juris Publishing
ISBN: 9781937518240
Published In: September 2013
Format: Paperback , 350 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform.

This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional.

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.

ACKNOWLEDGEMENTS

ABOUT THE EDITORS

ABOUT THE CONTRIBUTORS

INTRODUCTION

PART I: LEGISLATIVE IMPLEMENTATION

Chapter 1
Review of the Model Law's Implementation after Twenty-Five Years
Timothy Lemay and Corinne Montineri

Chapter 2
The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention
Judith Freedberg

PART II: RECURRING ISSUES-PRE-AWARD

Chapter 3
The Enforcement of Arbitration Agreements under Article 8 of the Model Law
Lawrence Boo

Chapter 4
Direct Review of Arbitral Jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration: An Assessment of Article 16(3)
Simon Greenberg

Chapter 5
Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege
Jean-Gabriel Castel

PART III: RECURRING ISSUES-POST-AWARD

Chapter 6
Exercising Discretion under Articles 34 and 36 of the Model Law: A Review of Practice
Amokura Kawharu

Chapter 7
The Public Policy Defence in the Model Law Jurisprudence: The ILA Report Revisited
Stefan Kröll

Chapter 8
Delocalization and Its Relevance in Post-award Review
Loukas Mistelis

PART IV: JUDICIAL PERSPECTIVES ON INTERNATIONAL INTERPRETATION

Chapter 9
The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International
Interpretation--The Singapore Experience
Quentin Loh

Chapter 10
The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation
Michael Lorbacher

PART V: HARMONIZED INTERPRETATION IN THEORY AND PRACTICE

Chapter 11
Judicial Internationalism and the Interpretation of the Model Law: Reflections on Some Aspects of Article 2A
Frédéric Bachand

Chapter 12
The CLOUT System (Case Law on UNCITRAL Texts): An UNCITRAL Experience
Monica Canafoglia

Chapter 13
From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives
Fabien Gélinas

PART VI: LOOKING AHEAD AT THE NEXT TWENTY-FIVE YEARS

Chapter 14
An International Arbitrator’s Perspective on Future Reform
L. Yves Fortier and Stéphanie Bachand

APPENDIX
UNCITRAL Model Law on International Commercial Arbitration (1985, with Amendments as Adopted in 2006)

INDEX

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