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.

The Iran-U.S. Claims Tribunal at 25

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

Author: Christopher R. Drahozal

Publisher: Oceana Publications

Published: 2007

Total Pages: 469

ISBN-13: 0195325141

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"Provides an essential resource for lawyers and parties involved in investor-state and international commercial disputes." "Thoroughly examines the ongoing relevance of the Tribunal's decisions and awards for the burgeoning field of investor-State arbitration with a forward-looking perspective." "Eminent practitioners have selected from among the hundreds of awards and decisions of the Tribunal those with the most significance - giving you the substance you need for your current arbitrations." "Each chapter is an original contribution by an internationally respected author - all of whom have either extensive experience in investor-State arbitration or worked on matters before the Tribunal - or both."

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.

UNCITRAL Arbitration

UNCITRAL Arbitration PDF

Author: Jan Paulsson

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 668

ISBN-13: 9041142193

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The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013. Extensively referring to the UNCITRAL travaux préparatoires, the book considers: • the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision; • where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and • an analysis of the discrete issues that arise in respect of each article. The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules. More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.

Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal

Applicable Law in International Arbitration - the Experience of ICSID and Iran-United States Claims Tribunal PDF

Author: Niki Nozari

Publisher: Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies

Published: 2018

Total Pages: 0

ISBN-13: 9783631775042

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This study aims to examine the substantive applicable law in different arbitral tribunals, especially the ICSID and the Iran-US Claims Tribunal. Additionally it examines the role of international law and whether it has supremacy over national laws. To that end, this publication is mainly based on case studies, the most cited ICSID and Iran-US Claims Tribunal cases. Furthermore, it addresses scientific works on this topic with regard to various arbitration rules and in particular to the applicable law.

The UNCITRAL Framework for Arbitration in Contemporary Perspective

The UNCITRAL Framework for Arbitration in Contemporary Perspective PDF

Author: Isaak Dore

Publisher: Springer

Published: 1993-07-22

Total Pages: 238

ISBN-13:

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An up-to-date review of the contemporary significance and success of the UNCITRAL Arbitration Rules (1976) and Model Law (1980). The book pursues three goals simultaneously: to compare the UNCITRAL rules, article by article, with other major alternative rules, namely the arbitration rules of the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA); to examine the adaptability and use of the UNCITRAL rules by one of the most significant arbitral tribunals of the 20th century, namely, the Iran-US Claims Tribunal; and to assess the world-wide implementation UNCITRAL's Model Law, containing the full text of the Rules of the Iran-United States Claims Tribunal.