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Keywords: UNCITRAL Model Law
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Cairo
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Karim Hafez
Published: 09 January 2014
.... It concludes that Cairo has become an attractive venue for international commercial arbitration since the promulgation of the Arbitration Act, inspired by the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The Egyptian courts are generally favorable to arbitration. They exercise...
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Paris
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Carole Malinvaud and Christian Camboulive
Published: 09 January 2014
... Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of France towards arbitration, as an appropriate and adapted mean to resolve international commercial disputes in particular. Yet on certain issues, such as the possibility of waiving the right to challenge awards...
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International Arbitration
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Susan Blake and others
Published: 11 July 2018
... jurisdiction can be brought. It also looks at the International Chamber of Commerce (ICC) arbitration rules and the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Arbitration. Arbitration Act 1996 international arbitration New York Convention on the Recognition...
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The Multiple Facets of Consent to Arbitration and the Determination of Jurisdiction
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Andrea Marco Steingruber
Published: 15 March 2012
...International Centre for Settlement of Investment Disputes Arbitral agreements UNCITRAL Model Law 5.01 This chapter examines the multiple facets of consent to arbitration and discusses the determination of jurisdiction paying particular regard to issues concerning parties’ consent. ‘Consent...
Chapter
Damages Claims for Breach of Contract under Comparative and Transnational Law
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Herfried Wöss and others
Published: 27 February 2014
... Model Law Burden of proof (1) Loss to claimant: Damages are based on the loss to the claimant caused by the breach of the contract but not on the gain to the defendant, save certain exceptions. (2) Damages are not to exceed loss: An award of damages should...
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Latin America: Treaty and Contract Stability in the face of Resource Nationalism and Crisis
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Peter D Cameron
Published: 25 March 2010
...International Centre for Settlement of Investment Disputes BITs (Bilateral Investment Treaties) International investment law UNCITRAL Model Law Legitimate expectations Que en históricas jornadas de lucha, el pueblo ha conquistado a costa de su sangre, el derecho de que nuestra riqueza...
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Conduct of the Arbitration (Articles 14 to 21)
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Peter Turner and Reza Mohtashami
Published: 19 March 2009
...Conduct of proceedings Arbitral tribunals Witnesses UNCITRAL Model Law 5.01 This chapter deals with Articles 14 to 21 of the Rules, which address the procedure and conduct of the arbitration proceedings. Each of these eight articles addresses a particular facet of the arbitration...
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Article 21—Interim Measures of Protection
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Martin F Gusy and others
Published: 07 April 2011
... to make an ‘initial apportionment’ that is ‘subject to the power of the tribunal’ to make a final determination. 23 21.08 The ability for parties to request interim measures from competent courts without waiving their rights to arbitrate is also enshrined in the UNCITRAL Model Law...
Chapter
Published: 20 September 2012
... through less intrusive judicial review. Significant reforms have been adopted notably in England, France, Belgium, Switzerland, Germany, and the sixty or so countries that enacted some variant of the UNCITRAL Model Law. 14 In comparison, during the past dozen years the arbitration community...
Chapter
Arbitration in Singapore
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Paul Tan and others
Published: 09 November 2023
... for refusing enforcement. It is arguably one of the most important legal instruments in the history of international commercial law. 12 The 1985 United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law), which has been used...
Chapter
Introduction
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Frank-Bernd Weigand and Antje Baumann
Published: 24 December 2009
...International Centre for Settlement of Investment Disputes Arbitral agreements Arbitral tribunals UNCITRAL Model Law Jurisdiction 1.01 Arbitration is known as maybe the oldest way of adjudication. 1 It was already well known and used at the time of the Roman empire...
Chapter
Belgium
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Hans van Houtte
Published: 24 December 2009
... The author hereby thanks Iasson Yi, Kristof Cox and Govert Coppens, researchers at the Institute for International Trade Law of the KULeuven, for their help in finalizing the report. Arbitral tribunals Recognition and enforcement Awards UNCITRAL Model Law 3.01 Initially Belgium...
Chapter
China and Hong Kong
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Michael Moser and John Choong
Published: 24 December 2009
...Awards Arbitral tribunals Recognition and enforcement Arbitral agreements UNCITRAL Model Law 4.01 In recent years, the People’s Republic of China (‘PRC’) has gained increasing recognition as an important player in international arbitration. Hong Kong, which reverted to Chinese...
Book
Practitioner's Handbook on International Commercial Arbitration (2nd Edition)
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Frank-Bernd Weigand (ed.)
Published: 24 December 2009
... Kong) and further commentaries on institutional arbitration rules (such as the LCIA Rules and the International AAA/ICDR Rules). Furthermore, some countries have enacted new legislation in the meantime (such as eg Austria and Italy), and the UNCITRAL Model Law on International Commercial Arbitration...
Chapter
Mediation of Cross-Border Commercial Disputes in the European Union
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Karen Vandekerckhove
Published: 29 July 2019
... in UNCITRAL. UNCITRAL Model Law Mediation This chapter maps the landscape of mediation in commercial matters at European level, including European Union (EU) action at the international level. It presents the main instruments in this area, in particular, the general instrument Directive 2008/52 of 21 May...
Chapter
Introduction
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Nigel Blackaby and others
Published: 02 November 2022
... arbitration on international investment, business, and commerce. Thus, international arbitration is tasked to give equal consideration to the claims and defences of the parties and decide on disputes applicable to legal frameworks. Often, countries adopt the UNCITRAL Model Law to reassure investors...
Chapter
Enforcement of Awards
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Christopher F Dugan and others
Published: 18 September 2008
... even more problematic. International Centre for Settlement of Investment Disputes Recognition and enforcement UNCITRAL Model Law Enforcement of an arbitration award is a broad and sometimes ambiguous term that is often used to refer to any postaward attempt by a claimant to obtain...
Book
Redfern and Hunter on International Arbitration (6th Edition)
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Nigel Blackaby and others
Published: 17 September 2015
... changes in many national laws governing international arbitrations, as states seek to become ‘arbitration friendly’ by introducing new laws based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. There have been changes too in some of the best-known rules of arbitration...
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A Guide to the LCIA Arbitration Rules
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Peter Turner and Reza Mohtashami
Published: 19 March 2009
..., 11 April 1980) (1980) 1489 UNTS 53 . . . . . . . . . . . . . . . . . . . . 6.69 UNCITRAL Model Law on International Commercial Arbitration 24 ILM 1302 (1985) . . . . . . . .5.25, 5.68, 6.110, 6.149, App9 art 1(2) . . . . . . . . . . . . . . . . . . . . . . . . 5.68 (3...
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Choice of Venue in International Arbitration
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Michael Ostrove (ed.) and others
Published: 09 January 2014
... arbitration law. Tis may be in one of the traditional arbitration centres. However, increasingly one can expect that there will be confdence in choosing a venue in a country which has adopted the UNCITRAL Model Law on International Commercial Arbitration (adopted in full or in part in 66 jurisdictions...