UNCITRAL Arbitration
Published on 24. April 2016
668 pages
978-90-411-4219-1 (ISBN)
Description
The 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.
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.
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Other editions
Additional editions
Jan Paulsson | Georgios Petrochilos
The Revised UNCITRAL Rules
Book
2017
1st Edition
Kluwer Law International
€197.50
Shipment within 10-20 days
Content
- Intro
- Preface
- Tables of authorities
- PART I
- Section IIntroductory rules
- Article 1Scope of application
- A. Writing Requirement
- B. Requirement of a Contractual Relationship between the Parties
- C. The Applicable Version of the Rules
- D. Addition of the 2013 UNCITRAL Rules on Transparency
- Article 2Notice and calculation of periods of time
- Principal changes
- Articles 3 and 4Notice of arbitration and response to the notice of arbitration
- A. Notice of arbitration: article 3
- 1. Mandatory items of the notice of arbitration
- (i) Demand for arbitration and description of the parties: articles 3(3) (a) and (b)
- (ii) Description of agreements and or relationships: articles 3(3)(c) and (d)
- (iii) Description of the claim: articles 3(3)(e) and (f)
- (iv) Matters relating to the conduct of the arbitration: article 3(3)(g)
- 2. Optional items of the notice of arbitration: streamlining the arbitral process
- 3. Incomplete notice of arbitration
- B. Response to the notice of arbitration: article 4
- 1. Timing
- 2. Mandatory content
- 3. Optional items
- (i) Jurisdictional objections: article 4(2)(a)
- (ii) Proposals for the constitution of the tribunal: articles 4(2)(b)-(d)
- (iii) Raising claims in the response: article 4(2)(e)
- (iv) Joinder of additional respondents: article 4(2)(f)
- 4. Missing, incomplete, or late response to the notice of arbitration
- Article 5Representation and assistance
- Article 6Designating and appointing authorities
- A. Agreement on or designation of an appointing authority
- B. Designation of an appointing authority
- C. Appointing authority's refusal or failure to act in time
- D. Information provided to the designating and appointing authorities
- E. Criteria for selecting arbitrators
- Section IIComposition of the arbitral tribunal
- Article 7Number of arbitrators
- A. Timing for the application of the default rule
- B. Possibility to request appointment of sole arbitrator
- Articles 8 and 9Appointment of arbitrators
- A. Appointment of a sole arbitrator
- 1. Appointment of a sole arbitrator where the parties cannot agree
- 2. Selection of a sole arbitrator by the appointing authority
- B. Appointment of three arbitrators
- 1. Party-appointment of a three-member panel
- 2. Appointment of a second arbitrator by the appointing authority
- 3. Appointment of a presiding arbitrator by the appointing authority
- Article 10Appointment of arbitrators
- A. Principle of joint appointment for three-member tribunals
