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Handbook of UNCITRAL Arbitration 4th ed


ISBN13: 9780414100213
Previous Edition ISBN: 9780414067134
Published: April 2023
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £291.00



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The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award.

This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021.

International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as:

  • The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules.
  • The obligations of collegiality within the Tribunal with respect to procedural decisions and awards.
  • The conduct of virtual procedural and substantive hearings, including case management conferences.
  • The due process issues relating to admission – or exclusion – of evidence and amendments to claims.
  • The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration.
  • The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022)
  • The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France)
  • Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA.
  • Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions.
  • The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020.
  • The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration.
  • The most recent approaches to interim measures, including security for costs.

    The Handbook of UNCITRAL Arbitration

    is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

  • Subjects:
    Arbitration and Alternative Dispute Resolution
    Contents:
    Part I: Commentary on the UNCITRAL Rules of Arbitration
    INTRODUCTION
    Introductory remarks
    A. Structure of the Handbook
    Part I: Commentary on the Rules and the Expedited Arbitration Rules
    Part II: Commentary on the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration/Convention on Transparency in Treaty-based Investor-State Arbitration
    Part III: Supporting material
    B. Background to the Rules
    Context of the Rules
    C.International ad hoc arbitration
    Ad hoc and institutional arbitration
    Appointing authorities
    D. Current trends in international arbitration
    E. Further issues to be addressed

    INTRODUCTORY RULES
    Introductory remarks for Section I: Introductory Rules
    Article 1 Scope of Application
    Article 2 Notice and Calculation of Periods of Time
    Article 3 Notice of Arbitration
    Article 4 Response to the Notice of Arbitration
    Article 5 Representation and Assistance
    Article 6 Designating and Appointing Authorities

    COMPOSITION OF THE ARBITRAL TRIBUNAL
    Introductory remarks for Section II
    Article 7 Number of Arbitrators
    Article 8 Appointment of arbitrators (articles 8 to 10)
    Disclosures by and Challenge of Arbitrators (Articles 11 to 13)
    Article 14 Replacement of an Arbitrator
    Article 15 Repetition of hearings in the event of the replacement of an arbitrator
    Article 16 Exclusion of liability

    ARBITRAL PROCEEDINGS
    Introductory remarks with respect to Section III
    Article 17 General Provisions
    Article 18 Place of Arbitration
    Article 19 Language
    Article 20 Statement of Claim
    Article 21 Statement of Defence
    Article 22 Amendments to the Claim or Defence
    Article 23 Pleas as to the Jurisdiction of the Arbitral Tribunal
    Article 24 Further Written Statements
    Article 25 Periods of Time
    Article 26 Interim Measures
    Article 27 Evidence
    Article 28 Hearings
    Article 29 Experts Appointed by the Arbitral Tribunal
    Article 30 Default
    Article 31 Closure of Hearings
    Article 32 Waiver of Right to Object

    THE AWARD
    Introductory remarks to Section IV
    Article 33 Decisions
    Article 34 Form and Effect of the Award
    Article 35 Applicable Law, Amiable Compositeur
    Article 36 Settlement or Other Grounds for Termination
    Article 37 Interpretation of the Award
    Article 38 Correction of the Award
    Article 39 Additional Award
    Article 40 Definition of Costs
    Article 41 Fees and Expenses of Arbitrators
    Article 42 Allocation of Costs
    Article 43 Deposit of Costs

    Part II - UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration
    Introductory remarks
    Article 1(4) of the UNCITRAL Arbitration Rules
    Rules on Transparency
    The Convention on Transparency

    Part III - Appendices and Supporting Material