Handbook of UNCITRAL Arbitration, 4th ed by Thomas H. Webster | 2023

Handbook of UNCITRAL Arbitration, 4th ed

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:

-Procedural matters for which a majority vote is necessary under Rule 33(1) and those that the presiding arbitrator may determine on their own in the absence of a vote under Rule 33(2).

-The Tribunal's responsibilities for collegiality with regard to awards and procedural judgements.

-The administration of simulated substantive and procedural hearings, including case management conferences.

-The concerns of due process surrounding the admission (or removal) of evidence and the modification of claims.

-The function of the Appointing Authorities, particularly that of the Permanent Court of Arbitration, the ICC, the SIAC, and the LCIA.

-The arbitration agreement's applicable law. Including 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, 2020) French Supreme Court Civ. 1iere of September 28, 2022, and UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France).

-The topic of non-signatories joining an arbitration, namely in relation to Dallah and Kabab-Ji (in the UK and France)

-Whether the courts assess jurisdiction in a deferential or non-deferential manner, namely in light of the rulings in the UK and the USA.

-Whether and how to appeal an arbitrator's judgement, as well as the most recent appeals rulings and an updated listing of more than 100 appeals outcomes.

-The 2020 revisions to the IBA Rules on the Taking of Evidence in International Arbitration.

-The ruling of the US Supreme Court in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022), which restricted the scope of 28 USC 1782(a)'s application to US discovery in support of foreign arbitration.

-The most recent techniques for temporary solutions, including cost security.

The UNCITRAL Arbitration Handbook
is founded on the author's day-to-day real-world experience in many arbitrations. 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.

TABLE OF CONTENTS Of Handbook of UNCITRAL Arbitration, 4th ed

Part I: Commentary on the UNCITRAL Rules of Arbitration
INTRODUCTION
Introductory remarks
A. Structure of the Handbook
Part I: Commentary on the Rules and the Expedited Arbitration Rules
Part II: Commentary on the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration/Convention on Transparency in Treaty-based Investor-State Arbitration
Part III: Supporting material
B. Background to the Rules
Context of the Rules
C.International ad hoc arbitration
Ad hoc and institutional arbitration
Appointing authorities
D. Current trends in international arbitration
E. Further issues to be addressed

INTRODUCTORY RULES
Introductory remarks for Section I: Introductory Rules
Article 1 Scope of Application
Article 2 Notice and Calculation of Periods of Time
Article 3 Notice of Arbitration
Article 4 Response to the Notice of Arbitration
Article 5 Representation and Assistance
Article 6 Designating and Appointing Authorities

COMPOSITION OF THE ARBITRAL TRIBUNAL
Introductory remarks for Section II
Article 7 Number of Arbitrators
Article 8 Appointment of arbitrators (articles 8 to 10)
Disclosures by and Challenge of Arbitrators (Articles 11 to 13)
Article 14 Replacement of an Arbitrator
Article 15 Repetition of hearings in the event of the replacement of an arbitrator
Article 16 Exclusion of liability

ARBITRAL PROCEEDINGS
Introductory remarks with respect to Section III
Article 17 General Provisions
Article 18 Place of Arbitration
Article 19 Language
Article 20 Statement of Claim
Article 21 Statement of Defence
Article 22 Amendments to the Claim or Defence
Article 23 Pleas as to the Jurisdiction of the Arbitral Tribunal
Article 24 Further Written Statements
Article 25 Periods of Time
Article 26 Interim Measures
Article 27 Evidence
Article 28 Hearings
Article 29 Experts Appointed by the Arbitral Tribunal
Article 30 Default
Article 31 Closure of Hearings
Article 32 Waiver of Right to Object

THE AWARD
Introductory remarks to Section IV
Article 33 Decisions
Article 34 Form and Effect of the Award
Article 35 Applicable Law, Amiable Compositeur
Article 36 Settlement or Other Grounds for Termination
Article 37 Interpretation of the Award
Article 38 Correction of the Award
Article 39 Additional Award
Article 40 Definition of Costs
Article 41 Fees and Expenses of Arbitrators
Article 42 Allocation of Costs
Article 43 Deposit of Costs

Part II - UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration
Introductory remarks
Article 1(4) of the UNCITRAL Arbitration Rules
Rules on Transparency
The Convention on Transparency

Part III - Appendices and Supporting Material