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UNCITRAL Model Law on International Commercial Arbitration

UNCITRAL Model Law on International Commercial Arbitration
A Commentary

Michael Polkinghorne, Tuuli Timonen, Nika Larkimo, Pietro Ortolan, Ilias Bantekas, Manuel E. Gomez, Shahla Ali, Odysseas G. Repousis, Kirsten Odynski, Mariele Coulet-Diaz, Zehaan Trivedi, Alvaro Peralta, Hazel Levent, Gwen Wackwitz, Ikram Ullah, Tom Kabau, Karim Mariey, Tomas Vail, Shahla Ali, Poorvi Satija, Jack Biggs, Anna Chuwen Dai, Tolu Obamuroh
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  • Publication planned for: February 2020
  • availability: Not yet published - available from February 2020
  • format: Hardback
  • isbn: 9781108498234

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  • This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

    • A comprehensive article-by-article commentary of the Model Law on International Commercial Arbitration written by leading academics and practitioners
    • Provides in-depth critical analysis of commercial arbitration that not only discusses case-law but also explores the ideas behind arbitration
    • Combines both theory and practice, ensuring relevance for practitioners, legislators and academics
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    Product details

    • Publication planned for: February 2020
    • format: Hardback
    • isbn: 9781108498234
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from February 2020
  • Table of Contents

    1. Scope of application Michael Polkinghorne, Tuuli Timonen and Nika Larkimo
    2. Definitions and rules of interpretation Pietro Ortolani
    2a. International origin and general principles Ilias Bantekas
    3. Receipt of written communications Ilias Bantekas
    4. Waiver of right to object Ilias Bantekas
    5. Extent of court intervention Manuel E. Gomez
    6. Court or other authority for certain functions of arbitration assistance and supervision Shahla Ali and Odysseas G. Repousis
    7. Definition and form of arbitration agreement Ilias Bantekas and Pietro Ortolani
    8. Arbitration agreement and substantive claim before court Ilias Bantekas
    9. Arbitration agreement and interim measures by court Shahla Ali and Odysseas G. Repousis
    10. Number of arbitrators Ilias Bantekas
    11. Appointment of arbitrators Shahla Ali and Odysseas G. Repousis
    12. Grounds for challenge Pietro Ortolani
    13. Challenge procedure Manuel E. Gomez
    14. Failure or impossibility to act Michael Polkinghorne, Kirsten Odynski, Mariele Coulet-Diaz and Zehaan Trivedi
    15. Appointment of substitute arbitrator Pietro Ortolani
    16. Competence of arbitral tribunal to rule on its own jurisdiction Michael Polkinghorne, Alvaro Peralta, Hazel Levent and Gwen Wackwitz
    17. Power of arbitral tribunal to order interim measures Pietro Ortolani
    18. Equal treatment of parties Ilias Bantekas
    19. Determination of rules of procedure Manuel E. Gomez and Ikram Ullah
    20. Place of arbitration Pietro Ortolani
    21. Commencement of arbitral proceedings Shahla Ali and Tom Kabau
    22. Language Ilias Bantekas
    23. Statements of claim and defence Shahla Ali and Tom Kabau
    24. Hearings and written proceedings Pietro Ortolani
    25. Default of a part Manuel Gomez
    26. Expert appointed by arbitral tribunal Michael Polkinghorne, Karim Mariey and Tomas Vail
    27. Court assistance in taking evidence Shahla Ali and Odysseas G Repousis
    28. Rules applicable to substance of dispute Ilias Bantekas
    29. Decision-making by panel of arbitrators Manuel Gomez
    30. Settlement Michael Polkinghorne and Poorvi Satija
    31. Form and contents of award Ilias Bantekas
    32. Termination of proceedings Ilias Bantekas
    33. Correction and interpretation of award: additional award Ilias Bantekas and Ikram Ullah
    34. Application for setting aside as exclusive recourse against arbitral award Pietro Ortolani
    35. Recognition and enforcement Pietro Ortolani
    36. Grounds for refusing recognition and enforcement Michael Polkinghorne, Jack Biggs, Anna Chuwen Dai and Tolu Obamuroh.

  • Authors

    Ilias Bantekas, Brunel University
    Ilias Bantekas is Professor of International Law and Arbitration at Hamad Bin Khalifa University (HBKU) Qatar and Senior Fellow at the Institute of Advanced Legal Studies (IALS) of the University of London.

    Pietro Ortolani, Max-Planck-Institut
    Pietro Ortolani is an Assistant Professor at Radboud Universiteit Nijmegen, in the Netherlands. He specializes in international arbitration and transnational dispute resolution. Before joining Radboud Universiteit Nijmegen, he was a Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law, a Research Associate at the Università di Pisa and a Law Research Associate at Queen Mary, University of London. Ortolani has acted as an expert for the European Parliament and the European Commission and in 2016 won the James Crawford Prize

    Shahla Ali, The University of Hong Kong
    Shahla Ali is a Professor of Law and Associate Dean (International) at The University of Hong Kong.

    Manuel Gomez, Florida International University
    Manuel A. Gómez is Professor of Law and Associate Dean of International and Graduate Studies at Florida International University College of Law.

    Michael Polkinghorne
    Michael Polkinghorne is a dual-qualified lawyer at White & Case LLP, Paris, where he heads the office's arbitration group. He is also joint-head of the firm's oil and gas practice, as well as pro bono leader of the firm's Paris office.

    Contributors

    Michael Polkinghorne, Tuuli Timonen, Nika Larkimo, Pietro Ortolan, Ilias Bantekas, Manuel E. Gomez, Shahla Ali, Odysseas G. Repousis, Kirsten Odynski, Mariele Coulet-Diaz, Zehaan Trivedi, Alvaro Peralta, Hazel Levent, Gwen Wackwitz, Ikram Ullah, Tom Kabau, Karim Mariey, Tomas Vail, Shahla Ali, Poorvi Satija, Jack Biggs, Anna Chuwen Dai, Tolu Obamuroh

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