The UNCITRAL Arbitration Rules: A Commentary by David D. Caron

The UNCITRAL Arbitration Rules: A Commentary

byDavid D. Caron, Lee M. Caplan

Hardcover | March 19, 2013

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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 adoptedin 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 inthe 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 isindispensable for those working in or studying international arbitration.

About The Author

David Caron is the C. William Maxeiner Distinguished Professor of Law at the University of California at Berkeley. He currently serves as President of the American Society of International Law, Co-Director of the Law of the Sea Institute, and as a member of the Board of Editors of the American Journal of International Law. He presently...
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Details & Specs

Title:The UNCITRAL Arbitration Rules: A CommentaryFormat:HardcoverDimensions:1242 pagesPublished:March 19, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199696306

ISBN - 13:9780199696307

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Table of Contents

1. IntroductionPart I - Fundamental Principles and the Legal Framework within which the Arbitral Tribunal Operates2. General Provisions and Place of Arbitration3. Applicable LawPart II - Arbitral Procedures to Control the Selection and Conduct of Arbitrators4. The Number and Selection of Arbitrators5. The Challenge of Arbitrators6. Resignation, Failure to Act, and the Consequences of the Replacement of an Arbitrator7. The Appointing Authority and Composition under the UNCITRAL RulesPart III - The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented8. The Notice Initiating Arbitration9. The Choice of Language10. Notice and the Calculation of Periods of Time11. Statements of Claim and Defence12. Pleas as to the Jurisdiction of the Arbitral Tribunal13. Amendments to the Claim or Defence14. Further Written Statements and Time Limits on Submission15. The Question of Interim MeasuresPart IV - The Presentation of the Case: Evidence and Hearings16. Evidence17. The Hearings18. ExpertsPart V - Default and Waiver19. Default20. WaiverPart VI - The Award21. Decisions22. Form and Effect23. Settlement and Other Grounds for Termination24. Post-Award Proceedings25. The Cost of Arbitration

Editorial Reviews

"An authoritative vehicle for considering how well the Rules have worked in practice...The subject is discussed in a very readable system...The book is refreshingly free of padding...This commendable work should be on the bookshelves of all who are involved in international arbitration,commercial and otherwise." --S Robert Morgan, Asian Dispute Review