International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions 4th ed

International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions 4th ed
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International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions 4th ed

International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions covers all the information that is needed when contemplating arbitration or mediation in one of the Model Law countries. This new edition of a classic text is so extensively revised and updated as to constitute a new book.

However, it retains the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction.

It remains the only book that provides a complete overview of all the adopting jurisdictions, highlighting the details and comparison charts of the 111 jurisdictions that have to date adopted the Model Laws (including the thirty-one new jurisdictions since the last edition) with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated.

What’s in this book:

Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all arbitration case law on UNCITRAL texts (CLOUT) to date, this fourth edition provides explicit expert guidance on such matters as the following:

overview of each Model-Law-enacting jurisdiction;
provisions in a particular national Model Law enactment to be watched out for;
how a specific issue dealt with in a Model-Law-enacting jurisdiction has been handled by local courts; and
which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements.
Both of the Model Laws are reproduced in full in Appendix.
How this will help you:

With an examination of each provision’s legislative history as well as national and subnational adoptions of the Model Laws, this edition provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, specialist arbitration practitioners and in-house lawyers who are considering arbitrating or mediating in one of the many jurisdictions analysed as well as also academics in international ADR and national government officials dealing with cross-border trade will benefit enormously from this new edition.

Table of Contents:

Preface
Acknowledgements
Introduction to the Structure of this Book
PART A
The UNCITRAL Model Law on International Commercial Arbitration 1985 (With Amendments as Adopted in 2006)
Introduction
CHAPTER I
General Provisions
CHAPTER II
Arbitration Agreement
CHAPTER III
Composition of Arbitral Tribunal
CHAPTER IV
Jurisdiction of the Arbitral Tribunal
CHAPTER IVA
Interim Measures and Preliminary Orders
CHAPTER V
Conduct of Arbitral Proceedings
CHAPTER VI
Making of the Award and Termination of Proceedings
CHAPTER VII
Recourse Against Award
CHAPTER VIII
Recognition and Enforcement of Awards
Conclusion
PART B
UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018
(Amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)
The UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation 2018
Introduction
SECTION 1
General Provisions
ARTICLE 1
Scope of Application of the Law and Definitions
ARTICLE 2
Interpretation
SECTION 2
International Commercial Mediation
ARTICLE 3
Scope of Application of the Section and Definitions
ARTICLE 4
Variation by Agreement
ARTICLE 5
Commencement of Mediation Proceedings
ARTICLE 6
Number and Appointment of Mediators
ARTICLE 7
Conduct of Mediation
ARTICLE 8
Communication Between Mediator and Parties
ARTICLE 9
Disclosure of Information
ARTICLE 10
Confidentiality
ARTICLE 11
Admissibility of Evidence in other Proceedings
ARTICLE 12
Termination of Mediation Proceedings
ARTICLE 13
Mediator Acting as Arbitrator
ARTICLE 14
Resort to Arbitral or Judicial Proceedings
ARTICLE 15
Binding and Enforceable Nature of Settlement Agreements
SECTION 3
International Settlement Agreements
ARTICLE 16
Scope of Application of the Section and Definitions
ARTICLE 17
General Principles
ARTICLE 18
Requirements for Reliance on Settlement Agreements
ARTICLE 19
Grounds for Refusing to Grant Relief
ARTICLE 20
Parallel Applications or Claims
Conclusion
PART C
Comparison Charts
UNCITRAL Model Law on International Commercial Arbitration Comparison Charts
Introduction to the Comparison Charts
Appendices
APPENDIX 1
UNCITRAL Model Law on International Commercial Arbitration 1985 With amendments as adopted in 2006 (United Nations documents A/40/17,
annex I and A/61/17, annex I)
APPENDIX 2
UNCITRAL Arbitration Rules (as revised in 2010)
APPENDIX 3
UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018
(amending the UNCITRAL Model Law on International Commercial Conciliation, 2002)
APPENDIX 4
UNCITRAL Conciliation Rules 1980 (Resolution 35/52 adopted by the General Assembly on December 4, 1980)
APPENDIX 5
Guide to Use and Enactment of the UNCITRAL Model Law on International Commercial Conciliation 2002
Bibliography of United Nations Documents
Table of National Legislation
Table of Conventions, Model Laws and Rules
Index