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.
The second edition of the Handbook offers:
- In Part I, a detailed 670-page rule-by-rule analysis of the UNCITRAL Arbitration Rules (2010 with article 1(4) as adopted in 2013) based on experience as counsel and arbitrator in a wide variety of cases. The commentary is based on reference to Awards, procedural orders, case law and secondary material, and includes review of the first four years of practice under the new Rules
- In Part II, a detailed rule-by-rule analysis of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration as adopted in 2014 with discussion of application of the rules based on NAFTA precedents
- Integrates in the article-by-article commentary discussion of the arbitration law in major centres of arbitration in England, Switzerland, France, the United States and in UNCITRAL Model countries.
- Discussion of the case law in major centres of arbitration including of cases such as Dallah Real Estate and the contrary results reached in the case in the UK and in France, SNF, NML Capital and Tecnimont in France, Yukos Oil, C v D, Sulamérica in the UK, BG Group, Oxford Health Plans v. Sutter, Kingdom of Thailand v. Bau, and COMMISA in the USA
- Integrates in the rule-by-rule analysis the secondary material regularly cited in international arbitration, such as the IBA Rules on the Taking of Evidence in International Arbitration (2010), the IBA Guidelines on Party Representation in International Arbitration (2013) and the IBA Guidelines on Conflicts of Interest in International Arbitration as revised in 2014 and approved by the IBA in October 2014
- Provides access to the International Law Association recommendations regarding lis pendens, res judicata and determination of applicable law
- Addresses basic recurrent issues in international arbitration, such as challenges to arbitrators, joining of non-signatories, collegiality in the Tribunal, the standard for annulment of awards in major centres of arbitration on jurisdictional and substantive issues, enforcement of annulled awards, capacity to arbitrate, liability of arbitrators, waiver and estoppel and many more
- In Part III provides examples of documents used in UNCITRAL Arbitration in particular with the Appointing Authority
- In Part IV includes a copy of the relevant laws from France (as recently modified), Switzerland, England, the United States as well as the UNCITRAL Model Law and the New York Convention
The Handbook provides, in one volume, the material and insights to deal with the various issues that arise in an UNCITRAL arbitration based on hands-on experience and up-to-date research
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