The UNCITRAL Model Law on International Commercial Arbitration – A Commentary, Elgar, 2022.
This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.
Key Features:
• Comparative and thorough analysis of the provisions of the Model Law
• Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt
• Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted
• Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions
Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.
Gilles Cuniberti’s new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.
– Campbell McLachlan QC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers
The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!
– Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK
Cuniberti’s book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.
– George Bermann, Columbia University School of Law, US
It is a tremendous work, and no more needs to be said on that point. It allows the reader to see how the articles have been applied in practice; it makes for easy and informative cross-reference; and it provides useful evidence by which a state or a Law Commission, still wondering whether to adopt or propose adoption of the Model Law, may better assess the product on offer. The range of interpretative case law on the Model Law is truly impressive: Australia, Canada, Germany, Hong Kong, India and Singapore contribute the most, predictably enough…
– Adrian Briggs, Lloyd’s Maritime and Commercial Law Quarterly
Professor Cuniberti has done a valuable service to practitioners of international commercial arbitration (though he himself sees little need in policy or principle for the restriction to commercial matters). His work is likely to become a standard reference on the topic.
– John D. Gregory, Canadian Arbitration and Mediation Journal
Citations by courts
Ontario Court of Appeal, RH20 North America Inc. v. Bergmann, 2024 ONCA 445
The UNCITRAL Model Law on International Commercial Arbitration – A Commentary
The UNCITRAL Model Law on International Commercial Arbitration – A Commentary, Elgar, 2022.
This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.
Key Features:
• Comparative and thorough analysis of the provisions of the Model Law
• Consideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and Egypt
• Insight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlighted
• Discussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictions
Exploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.
Gilles Cuniberti’s new commentary on the UNCITRAL Model Law is a marvellous contribution to international arbitration scholarship. The fruit of rigorous research into practice in the numerous jurisdictions that have adopted the Model Law, it presents for the first time a comprehensive analysis of its application in clear and readable terms. An essential reference tool for the arbitration lawyer.
– Campbell McLachlan QC, Victoria University of Wellington, New Zealand and Associate Member, Essex Court Chambers
The UNCITRAL Model Law on International Commercial Arbitration is the bedrock of international arbitral practice in many jurisdictions. This comparative Commentary comes in handy to understand the local implementations and variations of the Model Law around the globe. A must-have for practitioners and scholars alike!
– Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr LLP, UK
Cuniberti’s book masterfully documents not only that, but in which precise ways, the UNCITRAL Model Law has taken shape differently around the world. It is of immense value to practitioners and academics, as well as jurisdictions in determining whether and, if so, how to newly implement the Law for themselves.
– George Bermann, Columbia University School of Law, US
It is a tremendous work, and no more needs to be said on that point. It allows the reader to see how the articles have been applied in practice; it makes for easy and informative cross-reference; and it provides useful evidence by which a state or a Law Commission, still wondering whether to adopt or propose adoption of the Model Law, may better assess the product on offer. The range of interpretative case law on the Model Law is truly impressive: Australia, Canada, Germany, Hong Kong, India and Singapore contribute the most, predictably enough…
– Adrian Briggs, Lloyd’s Maritime and Commercial Law Quarterly
Professor Cuniberti has done a valuable service to practitioners of international commercial arbitration (though he himself sees little need in policy or principle for the restriction to commercial matters). His work is likely to become a standard reference on the topic.
– John D. Gregory, Canadian Arbitration and Mediation Journal
Citations by courts
Ontario Court of Appeal, RH20 North America Inc. v. Bergmann, 2024 ONCA 445