UNCITRAL Model Law on International Commercial Arbitration

A Commentary

Ilias Bantekas, Pietro Ortolani, Shahla Ali, Manuel A. Gomez, Michael Polkinghorne

• Publisher: Cambridge University Press
• Year: 2020
• Print ISBN: 9781108498234
• eBook ISBN: 9781108618106
• Topic: Law
• Subtopic: Arbitration, Negotiation & Mediation in Law
• Index: Law

This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Contents
• Preface
• List of Contributors
• List of Abbreviations
• List of Table of Treaties and Other International Instruments
• Table of Cases
• Table of Legislation
• Article 1 Scope of Application
• Article 2 Definitions and Rules of Interpretation
• Article 2A International Origin and General Principles
• Article 3 Receipt of Written Communications
• Article 4 Waiver of Right to Object
• Article 5 Extent of Court Intervention
• Article 6 Court or Other Authority for Certain Functions of Arbitration Assistance and Supervision
• Article 7 Definition and Form of Arbitration Agreement
• Article 8 Arbitration Agreement and Substantive Claim before Court
• Article 9 Arbitration Agreement and Interim Measures by Court
• Article 10 Number of Arbitrators
• Article 11 Appointment of Arbitrators
• Article 12 Grounds for Challenge
• Article 13 Challenge Procedure
• Article 14 Failure or Impossibility to Act
• Article 15 Appointment of Substitute Arbitrator
• Article 16 Competence of Arbitral Tribunal to Rule on Its Own Jurisdiction
• Article 17 Power of Arbitral Tribunal to Order Interim Measures
• Article 17A Conditions for Granting Interim Measures
• Article 17B Applications for Preliminary Orders and Conditions for Granting Preliminary Orders
• Article 17C Specific Regime for Preliminary Orders
• Article 17D Modification, Suspension, Termination
• Article 17E Provision of Security
• Article 17F Disclosure
• Article 17G Costs and Damages
• Article 17H Recognition and Enforcement
• Article 17I Grounds for Refusing Recognition or Enforcement
• Article 17J Court-Ordered Interim Measures
• Article 18 Equal Treatment of Parties
• Article 19 Determination of Rules of Procedure
• Article 20 Place of Arbitration
• Article 21 Commencement of Arbitral Proceedings
• Article 22 Language
• Article 23 Statements of Claim and Defence
• Article 24 Hearings and Written Proceedings
• Article 25 Default of a Party
• Article 26 Expert Appointed by Arbitral Tribunal
• Article 27 Court Assistance in Taking Evidence
• Article 28 Rules Applicable to Substance of Dispute
• Article 29 Decision-Making by Panel of Arbitrators
• Article 30 Settlement
• Article 31 Form and Contents of Award
• Article 32 Termination of Proceedings
• Article 33 Correction and Interpretation of Award; Additional Award
• Article 34 Application for Setting Aside as Exclusive Recourse against Arbitral Award
• Article 35 Recognition and Enforcement
• Article 36 Grounds for Refusing Recognition or Enforcement
• Index