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A Guide to the UNCITRAL Model Law on International Commercial Arbitration:Legislative History and Commentary

By: Howard Holtzmann

Publisher: Springer
Published: 1995-01-04
Language: Unknown
Format: BOOK
Pages: 1320
ISBN: 9789065443052

About This Book

The Model Law, a major accomplishment in the field of international commercial arbitration, was prepared by the UN Commission on International Trade Law and is recommended by the UN General Assembly for use by governments throughout the world. The book contains separate sections for each of the thirty-six articles of the Model Law.After a commentary, each section contains the complete legislative history of the particular article. Arranged and edited for quick reference, this includes drafts, reports, summary records of debates, government comments and conference room papers. The book is designed to help practitioners and legislators wishing to evaluate and improve their country's arbitration law, and for lawyers and courts, in jurisdictions where all or part of it is enacted, and who are called upon to interpret the Model law. Foreword by Carl-August Fleischauer, the Legal Counsel and the Under-Secretary-General of the United Nations. This title can be acquired as a two-volume set together with A Guide to the 2006 Amendments to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary. The combined price is EUR 296.00/ USD 400.00/ GBP 237.00

AI Overview

The book "A Guide to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary" by Howard Holtzmann is a comprehensive resource designed to help practitioners and legislators evaluate and improve their country's arbitration law. Here is a detailed overview of the book:

Key Themes

  1. Background and Purpose:

    • The book provides an in-depth look at the UNCITRAL Model Law on International Commercial Arbitration, which was adopted in 1985 to address the inadequacies and disparities in domestic arbitration laws.

  2. Legislative History:

    • It offers a detailed legislative history of the Model Law, including the discussions and considerations that led to its adoption. This section provides valuable insights into the evolution of international commercial arbitration law.

  3. Commentary and Analysis:

    • The book includes extensive commentary on each article of the Model Law, explaining the rationale behind each provision and how it is intended to be applied in practice. This commentary helps practitioners understand the practical implications of the Model Law.

  4. Procedural Regime:

    • It covers the special procedural regime for international commercial arbitration, including arbitration agreements, the composition of the arbitral tribunal, jurisdiction, conduct of arbitral proceedings, making of awards, and termination of proceedings.

  5. Recourse Against Awards:

    • The book discusses the procedures for challenging arbitral awards, including applications for setting aside and grounds for refusing recognition or enforcement.

  6. Recognition and Enforcement:

    • It provides guidance on the recognition and enforcement of arbitral awards, including the grounds for refusing recognition or enforcement as per Article 36 of the Model Law.

Plot Summary

The book is structured around the key components of the UNCITRAL Model Law on International Commercial Arbitration. It begins with an introduction to the background and purpose of the Model Law, followed by a detailed legislative history. The main body of the book is divided into sections that correspond to the various articles of the Model Law, each with a comprehensive commentary.

  • Chapter VI: Making of Award and Termination of Proceedings covers Articles 28-33, which deal with the rules applicable to the substance of disputes, decision-making by panels of arbitrators, settlement, form and contents of awards, termination of proceedings, correction and interpretation of awards, and additional awards.

  • Chapter VII: Recourse Against Award discusses Article 34, which addresses the application for setting aside as the exclusive recourse against an arbitral award.

  • Chapter VIII: Recognition and Enforcement of Awards covers Articles 35 and 36, which deal with recognition and enforcement, as well as grounds for refusing recognition or enforcement.

Critical Reception

The book has been widely praised for its comprehensive and insightful analysis of the UNCITRAL Model Law. It is considered a seminal work in the field of international commercial arbitration, providing practitioners and legislators with a reliable guide for evaluating and improving their country's arbitration laws.

  • Academic and Professional Use: The book is frequently cited in academic literature and is used as a reference by professionals in the field of international arbitration. Its detailed commentary and legislative history make it an invaluable resource for those seeking to understand and implement the Model Law.

  • Practical Application: The book's practical approach to explaining the Model Law's provisions has been particularly appreciated by practitioners who need to apply the law in real-world scenarios. Its clarity and depth make it an essential tool for anyone involved in international commercial arbitration.

In summary, "A Guide to the UNCITRAL Model Law on International Commercial Arbitration: Legislative History and Commentary" by Howard Holtzmann is a definitive resource that provides a thorough understanding of the UNCITRAL Model Law. Its comprehensive coverage, detailed commentary, and practical insights make it an indispensable guide for practitioners and legislators alike.