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Author: United Nations Publications
Publisher:
Published: 2016
Total Pages: 354
ISBN-13:
DOWNLOAD EBOOKThe Guide on the New York Convention provides an insight on the application of the Convention by State courts.
Author: United Nations Commission on International Trade Law
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9789211337938
DOWNLOAD EBOOKThis publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Author: Maria Bhatti
Publisher: Routledge
Published: 2018-09-27
Total Pages: 224
ISBN-13: 042988821X
DOWNLOAD EBOOKThis book examines the intersection between contemporary International Commercial Arbitration and Shariʿa law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shariʿa, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shariʿa and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Author: Margaret L. Moses
Publisher: Cambridge University Press
Published: 2008-03-17
Total Pages: 91
ISBN-13: 1139469975
DOWNLOAD EBOOKThis title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Commonwealth Secretariat
Publisher:
Published: 1991
Total Pages: 94
ISBN-13: 9780850923834
DOWNLOAD EBOOKThis book is about UNCITRAL
Author: United Nations
Publisher:
Published: 2020-12-28
Total Pages: 300
ISBN-13: 9789211303995
DOWNLOAD EBOOKThe Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.
Author: Nathalie Najjar
Publisher: BRILL
Published: 2017-10-23
Total Pages: 1340
ISBN-13: 9004357483
DOWNLOAD EBOOKArbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author: Jan Paulsson
Publisher: Kluwer Law International B.V.
Published: 2016-04-24
Total Pages: 527
ISBN-13: 9041142193
DOWNLOAD EBOOKThe 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.
Author: Ihab Abdel Salam Amro
Publisher: Cambridge Scholars Publishing
Published: 2014-03-26
Total Pages: 197
ISBN-13: 1443858668
DOWNLOAD EBOOKThis book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
Author: Gary F. Bell
Publisher: Cambridge University Press
Published: 2018-10-04
Total Pages: 461
ISBN-13: 1107183979
DOWNLOAD EBOOKExplores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
