UNCITRAL Model Law on International Commercial Arbitration: A Commentary

Description

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.

Ilias Bantekas is Professor of International Law and Arbitration at Hamad Bin Khalifa University (HBKU) Qatar and Senior Fellow at the Institute of Advanced Legal Studies (IALS) of the University of London. Pietro Ortolani is an Assistant Professor at Radboud Universiteit Nijmegen, in the Netherlands. He specializes in international arbitration and transnational dispute resolution. Before joining Radboud Universiteit Nijmegen, he was a Senior Research Fellow at the Max Planck Institute Luxembourg for Procedural Law, a Research Associate at the Universita di Pisa and a Law Research Associate at Queen Mary, University of London. Ortolani has acted as an expert for the European Parliament and the European Commission and in 2016 won the James Crawford Prize Shahla Ali is a Professor of Law and Associate Dean (International) at The University of Hong Kong. Manuel A. Gomez is Professor of Law and Associate Dean of International and Graduate Studies at Florida International University College of Law. Michael Polkinghorne is a dual-qualified lawyer at White & Case LLP, Paris, where he heads the office's arbitration group. He is also joint-head of the firm's oil and gas practice, as well as pro bono leader of the firm's Paris office.

'A truly international treatise where theory meets actual practice. Not only does this book provide a useful and interesting background to the UNCITRAL Model Law, but more critically an instructive and in-depth analysis of each article, describing its purpose and application across numerous jurisdictions. Clearly a useful and practical addition to the existing body of law.' Alexis Mourre, President of the ICC International Court of Arbitration 'We now have the pleasure of a commentary that does justice to the significant achievements of the UNCITRAL Model Law. A diverse group of authors thoroughly analyse each of its 36 articles, comparing each one's application in various jurisdictions, without ever losing sight of the Model Law's initial raison d'etre. An enlightening and accessible treatise that is fundamental to a proper understanding of this increasingly widespread legal text.' Emmanuel Gaillard, Professor of Law, Head of Shearman and Sterling's International Arbitration practice and Global Head of its Disputes Unit 'The Model Law is one of the main pillars upon which modern international arbitration has been built and prospered; it has gone a long way to achieve the aim of harmonisation, which makes doing business in different jurisdictions more certain. This Commentary by experienced practitioners and academics is timely, as the Model Law has been adopted in many jurisdictions. The book is essential for international business as well as teaching.' Neil Kaplan, Arbitrator, Arbitration Chambers, Hong Kong 'A starting point for anyone investigating the UNCITRAL Model Law, or any of the 111 jurisdictions it has been adopted in. The book provides a clear, easily accessible and insightful comparative legal analysis of the world's primary instrument of arbitration law. An absolute essential, both for practitioners and academics.' Bas van Zelst, Co-Head of Van Doorne's Arbitration Group, and Professor of Dispute Resolution and Arbitration, Maastricht University 'This work is an excellent value-add to the field: it consolidates in one tome a clear analysis of each section of the UNCITRAL Model Law in the light of the pertinent travaux preparatoires and key case law and arbitral decisions, supplemented with insightful commentary. Particularly for practitioners needing to address real-life issues under the Model Law in the course of their cases, this book will be an excellent time-saving resource.' Jose Astigarraga, Partner, ReedSmith LLP