OXFORD UNIVERSITY PRESS

The UNCITRAL Arbitration Rules: A Commentary (2nd edition)

ISBN : 9780199696307

参考価格(税込): 
¥43,362
著者: 
David D. Caron; Lee M. Caplan
関連カテゴリー
ページ
1134 ページ
フォーマット
Hardcover
サイズ
176 x 247 mm
刊行日
2013年03月
シリーズ
Oxford Commentaries on International Law
メール送信
印刷

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.

目次: 

1. Introduction

PART I - FUNDAMENTAL PRINCIPLES AND THE LEGAL FRAMEWORK WITHIN WHICH THE ARBITRAL TRIBUNAL OPERATES
2. General Provisions and Place of Arbitration
3. Applicable Law

PART II - ARBITRAL PROCEDURES TO CONTROL THE SELECTION AND CONDUCT OF ARBITRATORS
4. The Number and Selection of Arbitrators
5. The Challenge of Arbitrators
6. Resignation, Failure to Act, and the Consequences of the Replacement of an Arbitrator
7. The Appointing Authority and Composition under the UNCITRAL Rules

PART III - THE INITIATION OF THE ARBITRATION AND THE IDENTIFICATION AND CLARIFICATION OF THE ISSUES PRESENTED
8. The Notice Initiating Arbitration
9. The Choice of Language
10. Notice and the Calculation of Periods of Time
11. Statements of Claim and Defence
12. Pleas as to the Jurisdiction of the Arbitral Tribunal
13. Amendments to the Claim or Defence
14. Further Written Statements and Time Limits on Submission
15. The Question of Interim Measures

PART IV - THE PRESENTATION OF THE CASE: EVIDENCE AND HEARINGS
16. Evidence
17. The Hearings
18. Experts

PART V - DEFAULT AND WAIVER
19. Default
20. Waiver

PART VI - THE AWARD
21. Decisions
22. Form and Effect
23. Settlement and Other Grounds for Termination
24. Post-Award Proceedings
25. The Cost of Arbitration

著者について: 

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 serves also as a member of the U.S. Department of State Advisory Committee on Public International Law and of the Investment Subcommittee of U.S. Secretary of State's Advisory Committee on International Economic Policy. He is a member of the Bars of the State of California and of England and Wales, and is a Barrister with Chambers at 20 Essex Street. ; Lee M. Caplan is an Attorney-Adviser in the Office of International Claims and Investment Disputes of the US Department of State.

このページに掲載の「参考価格」は日本国内における希望小売価格です。当ウェブサイトでのご購入に対して特別価格が適用される場合、販売価格は「割引価格」として表示されます。なお、価格は予告なく変更されることがございますので、あらかじめご了承ください。