Overview

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