The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration.
International Arbitration Law Library Series Volume 36
This book, The Interpretation and Uniformity of the UNCITRAL Model Law on International Commercial Arbitration: Focusing on Australia, Hong Kong and Singapore, serves to develop a standard or benchmark for the UNCITRAL Model Law of 1985 (UML) objective of uniformity. Numerous jurisdictions worldwide have augmented their ratification of the New York Convention of 1958 with the UML, which takes a giant step forward towards global uniformity in legal application and understanding of the arbitration process. The book, using the relevant legislation and case law of Hong Kong, Singapore, and Australia, considers whether a uniform approach to implementation of the UML and its interpretation is being achieved across those jurisdictions. The author’s methodological tools are eminently adaptable to other jurisdictions.
What’s in this book: The study considers issues such as:
- the meaning of uniformity in law and in the context of the UML;
- the correct approach to interpretation of the UML pre and post Article 2A;
- the interpretational relationship between the UML and the Convention on Contracts for the International Sale of Goods (CISG);
- the relationship between the UML and the New York Convention;
- the degree of textual uniformity of the important Article 34 (setting aside of arbitral awards) with the three jurisdictions focused on;
- the degree of applied uniformity of Article 34 both in terms of juristic methodology and similarity of results.
This book explains the uniformity objective of the UML and the ‘Internationalist Approach’ method required for the interpretation of the UML. The book further identifies the ‘Internationalist Norm’ method of testing uniformity and then uses that method to test the judiciaries’ approach in Australia, Hong Kong and Singapore. In addition, the Internationalist Ratio test for applied uniformity is developed and the application of that method to the courts’ decisions in Australia, Hong Kong and Singapore is discussed. The author, with more than thirty years of practice in the field of commercial arbitration in Hong Kong, has had access to voluminous cases spanning decades and brings his specialist expertise to the subject.
How will this help you:
This book considers whether the Model Law has succeeded in its aim of achieving uniformity. As a guide, both theoretical and practical, this book serves to clarify the interpretation of the UML, and thereby, enables the usage by academics and states for testing courts approach to the UML. Thus, this study is of immeasurable value.
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About the Author.
List of Abbreviations.
CHAPTER 1 Uniformity in International Trade.
CHAPTER 2 Uniformity in the UNCITRAL Model Law.
CHAPTER 3 Textual Uniformity of the UNCITRAL Model Law.
CHAPTER 4 Applied Uniformity of the UNCITRAL Model Law – Juristic Methodology.
CHAPTER 5 Applied Uniformity of the UNCITRAL Model Law – Testing Uniformity of Article 34.
CHAPTER 6 Conclusion.
Table of Cases.
Table of Legislation and Treaties.