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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 7 March 2013
- ISBN 9780199696307
- Binding Hardback
- No. of pages1134 pages
- Size 247x176x53 mm
- Weight 2069 g
- Language English 0
Categories
Short description:
This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.
MoreLong description:
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained.
Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.
The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced.
Table of Contents:
Introduction
Part I - Fundamental Principles and the Legal Framework within which the Arbitral Tribunal Operates
General Provisions and Place of Arbitration
Applicable Law
Part II - Arbitral Procedures to Control the Selection and Conduct of Arbitrators
The Number and Selection of Arbitrators
The Challenge of Arbitrators
Resignation, Failure to Act, and the Consequences of the Replacement of an Arbitrator
The Appointing Authority and Composition under the UNCITRAL Rules
Part III - The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented
The Notice Initiating Arbitration
The Choice of Language
Notice and the Calculation of Periods of Time
Statements of Claim and Defence
Pleas as to the Jurisdiction of the Arbitral Tribunal
Amendments to the Claim or Defence
Further Written Statements and Time Limits on Submission
The Question of Interim Measures
Part IV - The Presentation of the Case: Evidence and Hearings
Evidence
The Hearings
Experts
Part V - Default and Waiver
Default
Waiver
Part VI - The Award
Decisions
Form and Effect
Settlement and Other Grounds for Termination
Post-Award Proceedings
The Cost of Arbitration
