...liberally or in a restrictive manner. (a) UNCITRAL Model Law: The second footnote to Article 1 of the UNCITRAL Model Law purports to give a broad and wide interpretation to...
...by the 1985 UNCITRAL Model Law on International Commercial Arbitration (“1985 Model Law”), though this influence is not obvious from its text.[3] Notwithstanding considerable differences between the BAA and the...
Author: Alejandro M. Garro* Published: June 1990 Jurisdiction: Central America Topics: Authority of the Arbitral Tribunal Right to Decide on Jurisdiction Arbitrators and Arbitral Tribunals Selection by Arbitral Institution Challenge...
...are substantial across different jurisdictions). The UNCITRAL Model Law is based on the territoriality principle, and many countries which have not embraced the Model Law have nevertheless moved in its...
Author: Daniel M. Kolkey* Published: December 1990 Description: “It’s not broken; don’t fix it.” That is often the response to proposals to reform the Federal Arbitration Act (the “FAA” or...
...(“New York Convention”), along with the UNCITRAL Model Law on International Commercial Arbitration. It states that enforcement of an arbitral award can be denied if courts conclude that the nature...
...of the UNCITRAL Model Law on International Commercial Arbitration[3] and mirrored in most national arbitration laws). S. 69, so Mr. Gearing QC explained, originates in the judgement by Lord Diplock...
Author: Harshal Morwale* Jurisdiction: International Topics: ICC International Institutions and Rules Dispute Resolution and Litigation The ICC has recently published its new Rules, which are set to enter into force...
...designed to promote effective arbitration in their respective jurisdiction(s). Examples include the New York Convention,[3] the UNCITRAL Model Law,[4] various arbitral rules (such as the IBA Rules on the Taking...
Author: Sébastien Besson Published: February 2000 Jurisdiction: United States Topics: UNCITRAL Model Law Description: On June 21st, 1985, the UNCITRAL adopted the “Model Law on International Commercial Arbitration.” A few...
...parties. Though “confidentiality” as a rule and principle is not protected under the UNCITRAL Model Law on International Commercial Arbitration, which can be why there is no express legislative provision...
Author: Julio César Rivera Jr.* Published: September 2019 Jurisdictions: United States Argentina Topics: Arbitral Awards Enforcement of Arbitral Awards Enforceability Grounds for Refusal of Enforcement UNCITRAL Model Law Commercial Disputes...
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