The Elgar companion to UNCITRAL / edited by Rishi Gulati (associate professor in international law, University of East Anglia, UK and barrister, Victorian Bar, Australia), Thomas John (MCIArb, independent mediator, arbitrator and legal consultant, the Netherlands) and Ben Köhler (senior research fellow, Max Planck Institute for Comparative and International Private Law, Germany).
2023
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Title
The Elgar companion to UNCITRAL / edited by Rishi Gulati (associate professor in international law, University of East Anglia, UK and barrister, Victorian Bar, Australia), Thomas John (MCIArb, independent mediator, arbitrator and legal consultant, the Netherlands) and Ben Köhler (senior research fellow, Max Planck Institute for Comparative and International Private Law, Germany).
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2023.
Description
1 online resource (604 pages).
Series
Elgar companions to international organisations.
Formatted Contents Note
Contents: UNCITRAL legal texts
Foreword
Introduction to the Elgar companion to UNCITRAL / Rishi Gulati (with Ben Köhler and Thomas John)
Part I. Institutional background, some conceptual matters, and regional perspectives
1. Uncitral: The organization / José Angelo Estrella Faria
2. Uncitral conventions and private international law: From antagonism to symbiosis / Franco Ferrari
3. Harmonising the local and global: Non-unitary states and uncitral's work of legal convergence / Justin Gleeson SC and Danielle Forrester
4. Progressive harmonisation of international trade law in Africa: The role of uncitral / 'Gbenga Bamodu
5. Judicial support of international commercial arbitration under the model law: A précis of available options for judges / Anselmo Reyes
6. Latin America's perspective on the reform of the investor-state dispute settlement mechanism / Christian Carbajal Valenzuela
Part II. International dispute resolution
7. Uncitral's work in investor-state dispute settlement: Promoting the rule of law internationally? / Rishi Gulati and Patricia Schoeffmann
8. The mauritius convention and uncitral rules on transparency in treaty-based investor-state arbitration / Jeremy Shelley
9. The hague rules on business and human rights: Reconciling business and human rights with arbitration? / Dalia Palombo
10. Sovereign immunity and international arbitration: Whither the rule of law? / Conway Blake
11. The history, evolution, and future of the uncitral mediation framework / Judith Knieper and Jonathan Haddad
12. The singapore convention / Nadja Alexander and Clarissa Chern
13. Making the impossible possible: Uncitral's impact on the harmonisation and modernisation of India's legal framework for dispute resolution / Nidhi Gupta
14. Online dispute resolution / Ronald A. Brand
Part III. International contract law
15. The 1980 Vienna sales convention (cisg) as standard setter for or obstacle to international commercial law unification / Ulrich G. Schroeter
16. The United Nations convention on contracts for the international sale of goods as reference to interpret or supplement guatemalan law / Pedro Mendoza Montano
17. The cisg in the age of sustainable supply chains / Ben Köhler
18. Thinking, small and large: Can the cisg help smes and if so, how? / Lisa Spagnolo
Part IV. Selected topics
19. Uncitral and msmes: An enduring and successful marriage / Petra Butler
20. Esg as a business model for small and medium-sized enterprises / Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen
21. Insolvency standards, model laws, and cooperation in cross-border insolvency: The role and impact of uncitral's instruments / Irit Mevorach
22. Cross-border insolvency under the uncitral model laws and the European insolvency regulation / Jodie Adams Kirshner and Yannick Chatard
23. Security interests in intellectual property under the uncitral model law on secured transactions / Spyridon V. Bazinas
24. Negotiable instruments law: Two layers of harmful discrepancy / Sagi Peari
25. The uncitral model law on public procurement: Potential next steps / Christopher Yukins and Caroline Nicholas
26. The role of the uncitral model law in reforming procurement mechanisms: A case study of India / Mukesh Rawat and K. Damodaran Raju
27. Uncitral texts on electronic commerce / Luca G. Castellani
28. Blockchain-based bills of lading and the uncitral model law on electronic transferable records: Questions of compatibility / Poomintr Sooksripaisarnkit
29. Uncitral and international carriage of goods by sea / Vivienne Bath
Index.
Foreword
Introduction to the Elgar companion to UNCITRAL / Rishi Gulati (with Ben Köhler and Thomas John)
Part I. Institutional background, some conceptual matters, and regional perspectives
1. Uncitral: The organization / José Angelo Estrella Faria
2. Uncitral conventions and private international law: From antagonism to symbiosis / Franco Ferrari
3. Harmonising the local and global: Non-unitary states and uncitral's work of legal convergence / Justin Gleeson SC and Danielle Forrester
4. Progressive harmonisation of international trade law in Africa: The role of uncitral / 'Gbenga Bamodu
5. Judicial support of international commercial arbitration under the model law: A précis of available options for judges / Anselmo Reyes
6. Latin America's perspective on the reform of the investor-state dispute settlement mechanism / Christian Carbajal Valenzuela
Part II. International dispute resolution
7. Uncitral's work in investor-state dispute settlement: Promoting the rule of law internationally? / Rishi Gulati and Patricia Schoeffmann
8. The mauritius convention and uncitral rules on transparency in treaty-based investor-state arbitration / Jeremy Shelley
9. The hague rules on business and human rights: Reconciling business and human rights with arbitration? / Dalia Palombo
10. Sovereign immunity and international arbitration: Whither the rule of law? / Conway Blake
11. The history, evolution, and future of the uncitral mediation framework / Judith Knieper and Jonathan Haddad
12. The singapore convention / Nadja Alexander and Clarissa Chern
13. Making the impossible possible: Uncitral's impact on the harmonisation and modernisation of India's legal framework for dispute resolution / Nidhi Gupta
14. Online dispute resolution / Ronald A. Brand
Part III. International contract law
15. The 1980 Vienna sales convention (cisg) as standard setter for or obstacle to international commercial law unification / Ulrich G. Schroeter
16. The United Nations convention on contracts for the international sale of goods as reference to interpret or supplement guatemalan law / Pedro Mendoza Montano
17. The cisg in the age of sustainable supply chains / Ben Köhler
18. Thinking, small and large: Can the cisg help smes and if so, how? / Lisa Spagnolo
Part IV. Selected topics
19. Uncitral and msmes: An enduring and successful marriage / Petra Butler
20. Esg as a business model for small and medium-sized enterprises / Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen
21. Insolvency standards, model laws, and cooperation in cross-border insolvency: The role and impact of uncitral's instruments / Irit Mevorach
22. Cross-border insolvency under the uncitral model laws and the European insolvency regulation / Jodie Adams Kirshner and Yannick Chatard
23. Security interests in intellectual property under the uncitral model law on secured transactions / Spyridon V. Bazinas
24. Negotiable instruments law: Two layers of harmful discrepancy / Sagi Peari
25. The uncitral model law on public procurement: Potential next steps / Christopher Yukins and Caroline Nicholas
26. The role of the uncitral model law in reforming procurement mechanisms: A case study of India / Mukesh Rawat and K. Damodaran Raju
27. Uncitral texts on electronic commerce / Luca G. Castellani
28. Blockchain-based bills of lading and the uncitral model law on electronic transferable records: Questions of compatibility / Poomintr Sooksripaisarnkit
29. Uncitral and international carriage of goods by sea / Vivienne Bath
Index.
Summary
"As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms. Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law. A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on print record.
Location
www
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Alternate Title
Elgaronline.
Language
English
ISBN
9781803924540 (e-book)
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