Handbook of UNCITRAL Arbitration (E-Book) | 2023 *
Handbook of UNCITRAL Arbitration (E-Book) | 2023
|Author||Thomas H. Webster|
|Publication Date||Apr 2023|
|Publisher||Sweet & Maxwell|
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The Handbook of UNCITRAL Arbitration offers in-depth commentary, analysis, and supplementary materials as utilised in both commercial and investment arbitration. It is a practical, rule-by-rule guide to the UNCITRAL Arbitration Rules. It examines each step of the UNCITRAL arbitration process, starting with the arbitration clause and concluding with the award.
This eagerly awaited fourth edition covers the Rules in their updated form following the adoption of the UNCITRAL Expedited Arbitration Rules in September 2021.
The Handbook offers a current overview of important areas of arbitration law that apply to UNCITRAL arbitration wherever it is held because international arbitration is developing quickly. It addresses topics like:
- the procedural matters that must be decided by a majority under Rule 33(1) and those that the presiding arbitrator may resolve on their own in the absence of a majority under Rule 33(2).
- the Tribunal's responsibilities for collegiality with regard to awards and procedural judgements.
- Conducting televised substantive and procedural hearings, including case management conferences.
- The issues of due process surrounding the admission (or exclusion) of evidence and the modification of claims.
- the function of the appointing authorities, in particular that of the Permanent Court of Arbitration, the ICC, the SIAC, and the LCIA.
- the legislation that governs the arbitration agreement. With a study of the various and opposing perspectives represented in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors  Kabab-Ji SAL v. Kout Food Group, UKSC 38 () UK Supreme Court In the UK, UKSC 48, and in France, Kabab-Ji (French Supreme Court Civ. 1iere of 28 September 2022)
- The matter of non-signatories joining an arbitration, specifically with reference to Dallah and Kabab-Ji (in the UK and France)
- If the courts take a deferential or non-deferential approach when evaluating jurisdiction, specifically with relation to the rulings in the UK and the USA.
- How to challenge an arbitrator, whether to do so, and the most recent challenge judgements are listed in an updated table with more than 100 such decisions.
- The 2020 revisions to the IBA Rules on the Taking of Evidence in International Arbitration.
- In ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022), the US Supreme Court limited the scope of 28 USC 1782(aapplication )'s to US discovery in support of foreign arbitration.
- The most modern approaches to temporary solutions, include cost security.
The author's daily real-world experience in hundreds of arbitrations served as the foundation for The Handbook of UNCITRAL Arbitration. It covers the most recent developments in international arbitration as they relate to topics including the conduct of disclosure, the function of experts, the conduct of virtual hearings, and other initiatives to make international arbitration quicker and more affordable.