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Vol 23 No 3 March/April 2018

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The UNCITRAL Model Law after 25 Years: Global Perspectives on Arbitration Law

ISBN13: 9781937518240
Published: September 2013
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £85.00

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The UNCITRAL Model Law After Twenty-Five Years: Global Perspectives on Arbitration Law 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 Arbitration Law 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.

Arbitration and Dispute Resolution
Review of the Model Law’s Implementation after Twenty-Five Years, Timothy Lemay and Corinne Montineri
The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention, Judith Freedberg
The Enforcement of Arbitration Agreements under Article 8 of the Model Law, Lawrence Boo
Direct Review of Arbitral Jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration: An Assessment of Article 16(3), Simon Greenberg
Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege, J.G. Castel
Exercising Discretion under Articles 34 and 36 of the Model Law: A Review of Practice, Amokura Kawharu
The Public Policy Defence in the Model Law Jurisprudence: The ILA Report Revisited, Stefan Kröll
Delocalization and Its Relevance in Post-award Review, Loukas Mistelis
The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International Interpretation - The Singapore Experience, Quentin Loh
The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation, Michael Lorbacher
Judicial Internationalism and the Interpretation of the Model Law: Reflections on Some Aspects of Article 2A, Frédéric Bachand
The CLOUT System (Case Law on UNCITRAL Texts): An UNCITRAL Experience, Monica Canafoglia
From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives, Fabien Gélinas
An International Arbitrator’s Perspective on Future Reform, L. Yves Fortier and Stéphanie Bachand
UNCITRAL Model Law on International Commercial Arbitration (1985, with amendments as adopted in 2006)