The UNCITRAL Arbitration Rules
A Commentary
By: David D. Caron, Matti Pellonpää, Lee Caplan
Reaching past the secrecy so often met in arbitration, this study explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. 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 the Authors illuminate the shape the bare bones 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 also faithfully extracted and reproduced so that it may be argued in yet unforeseen procedural contexts. Rich both in its analysis and sources, this text is indispensable for the international arbitration field. The Authors have all served with the staff of the Iran -United States Claims Tribunal and served as arbitrators, counsel and judges with institutions ranging from the World Bank's International Centre for Settlement of Investment Disputes, to the European Court of Human Rights, and the United Nations.
AI Overview
The book "The UNCITRAL Arbitration Rules" by David D. Caron, Matti Pellonpää, and Lee M. Caplan is a comprehensive commentary on the UNCITRAL Arbitration Rules, which are widely used in international arbitration. Here is a detailed overview of the book:
Key Themes
Introduction to UNCITRAL Arbitration Rules:
- The book provides an in-depth introduction to the UNCITRAL Arbitration Rules, explaining their history, scope of application, and the principles governing their use.
Procedural Rules:
- It delves into the procedural rules outlined in the UNCITRAL Arbitration Rules, including the conduct of parties and the arbitral tribunal, the role of the tribunal, and the process of arbitration.
Expedited Arbitration:
- The book discusses the Expedited Arbitration Rules, which are an appendix to the main rules and provide a streamlined process for resolving disputes more quickly.
Transparency in Investor-State Arbitration:
- It covers the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, which are included in the main rules for investor-State arbitrations initiated pursuant to treaties providing for the protection of investments or investors.
Model Arbitration Clauses:
- The book includes a model arbitration clause for contracts, which can be found in the annex to the Rules.
Plot Summary
The book does not have a narrative plot but rather serves as a detailed commentary on the UNCITRAL Arbitration Rules. It brings together official documents and includes insights and experiences from the Working Group that developed the rules. The commentary provides a comprehensive understanding of how the rules operate in practice, making it a valuable resource for practitioners, scholars, and anyone involved in international arbitration.
Critical Reception
While specific reviews of the book are not readily available in the provided sources, the UNCITRAL Arbitration Rules themselves have been widely praised for their clarity and effectiveness in facilitating international arbitration. The rules have been endorsed by the General Assembly of the United Nations and have had a significant impact on international arbitration practices.
Authors
- David D. Caron: A renowned expert in international arbitration and a former president of the American Society of International Law.
- Matti Pellonpää: An expert in international arbitration with extensive experience in both practice and academia.
- Lee M. Caplan: A leading scholar in international arbitration and a frequent contributor to the field through his writings and teaching.
The combination of these authors' expertise provides a robust and authoritative commentary on the UNCITRAL Arbitration Rules, making the book a trusted resource in the field of international arbitration.