Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal
Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal

Author: Jacomijn Hof

Publisher: Springer

Published: 1991-10-16

Total Pages: 0

ISBN-13: 9789065445902

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This book provides a commentary on the UNCITRAL arbitration rules as applied by the Iran-U.S. Claims Tribunal. These UNCITRAL Rules are unique in origin as a result of contributions from representatives from various legal backgrounds, including those from developing countries. This book is a guide to the Tribunal's practice regarding the UNCITRAL Rules. It takes the form of an article-by-article commentary, describing the `travaux preparatoires' some other Rules (ISS and LCIA) and the relevant Tribunal practice. The Tribunal's practice shows the flexibility, workability and completeness of the Rules.

The Iran-United States Claims Tribunal
The Iran-United States Claims Tribunal

Author: Charles Nelson Brower

Publisher: Martinus Nijhoff Publishers

Published: 1998-02-12

Total Pages: 958

ISBN-13: 9789041106278

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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

The UNCITRAL Arbitration Rules
The UNCITRAL Arbitration Rules

Author: David D. Caron

Publisher: OUP Oxford

Published: 2013-03-07

Total Pages: 4181

ISBN-13: 0191665320

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Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

The Iran-United States Claims Tribunal and the Process of International Claims Resolution
The Iran-United States Claims Tribunal and the Process of International Claims Resolution

Author: David D. Caron

Publisher: BRILL

Published: 2021-10-01

Total Pages: 523

ISBN-13: 9004479937

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Examining the Tribunal’s structure, operations and evolution in search of the underlying patterns that characterize such international institutions, this valuable book records the diverse experiences and judgments of a group of outstanding lawyers, each of whom has played a significant role at some stage of the Tribunal’s proceedings. The essays are grouped in three distinct stages in the Tribunal’s history. The first group deals with the creation of the Tribunal, building upon the bare-boned framework laid down by the Claims Settlement Declaration. The second deals with the Tribunal at work, processing and deciding cases during the period when it gave greatest emphasis to resolving large commercial claims. The third deals with the present situation where the Tribunal has taken a docket first dominated by claims of U.S.-Iranian dual nationals against Iran and then by a small group of large and difficult claims between the two governments. Published under the auspices of the American Society of International Law. Published under the Transnational Publishers imprint.

The UNCITRAL Framework for Arbitration in Contemporary Perspective
The UNCITRAL Framework for Arbitration in Contemporary Perspective

Author: Isaak Dore

Publisher: Springer

Published: 1993-07-22

Total Pages: 238

ISBN-13:

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An up-to-date review of the contemporary significance and success of the UNCITRAL Arbitration Rules (1976) and Model Law (1980). The book pursues three goals simultaneously: to compare the UNCITRAL rules, article by article, with other major alternative rules, namely the arbitration rules of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA); to examine the adaptability and use of the UNCITRAL rules by one of the most significant arbitral tribunals of the 20th century, namely, the Iran-US Claims Tribunal; and to assess the world-wide implementation UNCITRAL's Model Law, containing the full text of the Rules of the Iran-United States Claims Tribunal.

The Iran-United States Claims Tribunal
The Iran-United States Claims Tribunal

Author: Charles N. Brower

Publisher: BRILL

Published: 2023-12-28

Total Pages: 953

ISBN-13: 9004195149

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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. The Iran-United States Claims Tribunal was awarded the ASIL Certificate of Merit.

Iran-US Claims Tribunal Reports: Volume 39
Iran-US Claims Tribunal Reports: Volume 39

Author: Lee M. Caplan

Publisher: Cambridge University Press

Published: 2020-11-05

Total Pages: 776

ISBN-13: 1108911439

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The Iran-US Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. Volume 39 also contains the decisions of the Tribunal's appointing authority in four recent arbitrator challenges and, for the first time, includes the pleadings submitted by the parties and the challenged arbitrator. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These reports are essential for all practitioners in the field of international claims, academics in private and public international law and comparative lawyers, as well as all Governments and law libraries.

UNCITRAL Arbitration
UNCITRAL Arbitration

Author: Jan Paulsson

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 527

ISBN-13: 9041142193

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The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013. Extensively referring to the UNCITRAL travaux préparatoires, the book considers: • the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision; • where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and • an analysis of the discrete issues that arise in respect of each article. The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules. More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.

A Guide to the UNCITRAL Arbitration Rules
A Guide to the UNCITRAL Arbitration Rules

Author: Clyde Croft

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 545

ISBN-13: 1107328101

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The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.

A Guide to the UNCITRAL Arbitration Rules
A Guide to the UNCITRAL Arbitration Rules

Author: Clyde Croft

Publisher: Cambridge University Press

Published: 2013-04-25

Total Pages: 545

ISBN-13: 0521195721

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Observer delegates to the UNCITRAL Working Group charged with conducting revisions provide insights and commentary on the process and results.