Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal

Commentary on the Uncitral Arbitration Rules:The Applications by the Iran-U. S. Claims Tribunal PDF

Author: Jacomijn Hof

Publisher: Springer

Published: 1991-10-16

Total Pages: 0

ISBN-13: 9789065445902

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This book provides a commentary on the UNCITRAL arbitration rules as applied by the Iran-U.S. Claims Tribunal. These UNCITRAL Rules are unique in origin as a result of contributions from representatives from various legal backgrounds, including those from developing countries. This book is a guide to the Tribunal's practice regarding the UNCITRAL Rules. It takes the form of an article-by-article commentary, describing the `travaux preparatoires' some other Rules (ISS and LCIA) and the relevant Tribunal practice. The Tribunal's practice shows the flexibility, workability and completeness of the Rules.

The UNCITRAL Arbitration Rules in Practice:The Experience of the Iran-United States Claims Tribunal

The UNCITRAL Arbitration Rules in Practice:The Experience of the Iran-United States Claims Tribunal PDF

Author: Stewart Abercrombie Baker

Publisher: Springer

Published: 1992-07-07

Total Pages: 340

ISBN-13:

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This publication is a concise and colourful presentation of the authors' first-hand experience with the remarkable, stormy procedural history of the Iran-U.S. Claims Tribunal in The Hague. Examining each rule in turn, the authors examine the first intent of the UNCITRAL framers, as evident from the travaux preparatoires, and then analyze how the Rules were interpreted, changed and applied at the tribunal. This volume is destined to become a standard reference on the procedural aspects of international commercial arbitration. Parties involved in arbitration, their counsel, and others interested in international practice will treasure this explication of the pitfalls and ambiguities in the real-life application of the Rules, including the role of international political intrigue, in the highly charged atmosphere of multinational proceedings.

The UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules PDF

Author: David D. Caron

Publisher: OUP Oxford

Published: 2013-03-07

Total Pages: 1134

ISBN-13: 0191665312

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Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

Iran-US Claims Tribunal Reports: Volume 39

Iran-US Claims Tribunal Reports: Volume 39 PDF

Author: Lee M. Caplan

Publisher: Cambridge University Press

Published: 2020-11-05

Total Pages: 0

ISBN-13: 9781108830799

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The Iran-US Claims Tribunal, concerned principally with the claims of US nationals against Iran, is the most important international claims tribunal to have sat in over half a century. Its jurisprudence is bound to make a uniquely important contribution to international law and, in particular, the law relating to aliens, treaty law, and international arbitral procedure. Volume 39 also contains the decisions of the Tribunal's appointing authority in four recent arbitrator challenges and, for the first time, includes the pleadings submitted by the parties and the challenged arbitrator. The series is the only complete and fully indexed report of the decisions of this unique Tribunal. These reports are essential for all practitioners in the field of international claims, academics in private and public international law and comparative lawyers, as well as all Governments and law libraries.

The Iran-U.S. Claims Tribunal at 25

The Iran-U.S. Claims Tribunal at 25 PDF

Author: Christopher R. Drahozal

Publisher:

Published: 2007

Total Pages: 476

ISBN-13:

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The Iran-United States Claims Tribunal, which has been called the most significant arbitral body in history, celebrated its 25th anniversary in 2006. As of mid-2005, the Tribunal had issued over 800 awards and decisions--a total of 600 awards (including partial awards and awards on agreed terms), 83 interlocutory and interim awards, and 133 decisions--in resolving almost 3000 cases. The Tribunal's awards have been described as the most important body of international arbitration jurisprudence. The significance of these decisions as persuasive authority is second to none. In this volume, experts in the field identify and comment on the Tribunal awards that are most important for international arbitration; i.e., the cases that everyone needs to know for investor-state and international commercial arbitration. The book approaches the Tribunal's work from a forward-looking perspective with emphasis on the continuing usefulness of awards and decisions issued by the Tribunal in international arbitration practice. In addition to original contributions from an array of eminent authors (all of whom have extensive experience at the Tribunal and/or in investor-State and international arbitration), this book includes excerpts of key awards discussed in the contributions, as well as appendices with foundational documents for the Tribunal. CONTRIBUTORS INCLUDE: Roger P. Alford, Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal David J. Bederman, Emory Law School, former Legal Assistant, Iran-U.S. Claims Tribunal David D. Caron, C. William Maxeiner Distinguished Professor of Law, University of California, Berkeley, former Legal Assistant, Iran-U.S. Claims Tribunal Jack J. Coe, Jr. Pepperdine University School of Law, former Legal Assistant, Iran-U.S. Claims Tribunal Christopher R. Drahozal, John M. Rounds Professor of Law, University of Kansas School of Law; former Legal Assistant, Iran-U.S. Claims Tribunal Christopher S. Gibson, Suffolk University Law School; former Legal Assistant, Iran-U.S. Claims Tribunal Mark R. Joelson, Law Office of Mark R. Joelson Lucinda A. Low, Steptoe & Johnson Andrea J. Menaker, Office of the Legal Advisor, U.S. Department of State Sean D. Murphy, George Washington University Law School, former U.S. Agent to the Iran-U.S. Claims Tribunal Daniel M. Price, Sidley Austin, former Deputy U.S. Agent to the Iran-U.S. Claims Tribunal Jeffrey F. Pryce, Steptoe & Johnson

The Iran-United States Claims Tribunal

The Iran-United States Claims Tribunal PDF

Author: Charles Nelson Brower

Publisher: Martinus Nijhoff Publishers

Published: 1998-02-12

Total Pages: 958

ISBN-13: 9789041106278

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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

The UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules PDF

Author: David D. Caron

Publisher: OUP Oxford

Published: 2013-03-07

Total Pages: 1134

ISBN-13: 0191665320

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Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.

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