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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration: Focusing on Australia, Hong Kong and Singapore


ISBN13: 9789041167002
Published: March 2016
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



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This book, The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration: Focusing on Australia, Hong Kong and Singapore, serves to develop a standard or benchmark for the UNCITRAL Model Law (UML) objective of uniformity.

Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UML, which takes a giant step forward towards global uniformity in legal application and understanding of the arbitration process. The book, using the relevant legislation and case law of Hong Kong, Singapore, and Australia, considers whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions.

The author’s methodological tools are eminently adaptable to other jurisdictions. What’s in this book: Throughout this book emphasis is placed on Article 34. The study considers issues such as:-

  • the meaning of uniformity in law and in the context of the UML;
  • the correct approach to interpretation of the UML pre and post Article 2A;
  • the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG);
  • the relationship between the UML and the New York Convention;
  • the degree of textual uniformity of Article 34 with the three jurisdictions focused on;
  • the degree of applied uniformity of Article 34 both in terms of juristic methodology and similar results.
This book explains the uniformity objective of the UML and the ‘Internationalist Approach’ method required for the interpretation of the UML. The book further identifies the ‘Internationalist Norm’ method of testing uniformity and then uses that method to test the judiciaries approach in Australia, Hong Kong and Singapore.

In addition, the Internationalist Ratio test for applied uniformity and the application of that method to the courts’ decisions in Australia, Hong Kong and Singapore are discussed. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject.

How will this help you: This book considers whether the Model Law has succeeded in its aim of achieving uniformity. As a guide, both theoretical and practical, this book serves to clarify the interpretation of the UML, and thereby, enables the usage by the academics and states for testing courts approach to the UML. Thus, this study is of immeasurable value, for the courts and lawyers to adopt in dealing with applications made under the UML.

Subjects:
Other Jurisdictions , Hong Kong, Arbitration and Dispute Resolution, Australia, Singapore
Contents:
About the Author.
Foreword.
Preface.
List of Abbreviations.
Acknowledgements.
CHAPTER 1 Uniformity in International Trade.
CHAPTER 2 Uniformity in the UNCITRAL Model Law.
CHAPTER 3 Textual Uniformity of the UNCITRAL Model Law.
CHAPTER 4 Applied Uniformity of the UNCITRAL Model Law – Juristic Methodology.
CHAPTER 5 Applied Uniformity of the UNCITRAL Model Law – Testing Uniformity of Article 34.
CHAPTER 6 Conclusion.
Tables.
Bibliography.
Table of Cases.
Table of Legislation and Treaties.
Index.

Series: International Arbitration Law Library

The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£128.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£136.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£128.00
£128.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£128.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£116.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£135.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print