New Book: UNCITRAL Model Law on International Commercial Arbitration A Commentary

Cambridge University Press has recently announced the forthcoming publication of the book, UNCITRAL Model Law on International Commercial Arbitration: A Commentary by a global team of arbitration specialists:

• Ilias Bantekas, Hamad Bin Khalifa University, Qatar
• Pietro Ortolani, Radboud Universiteit Nijmegen
• Shahla Ali, The University of Hong Kong
• Manuel A. Gomez, Florida International University
• Michael Polkinghorne

This book provides a comprehensive commentary on the UNCITRAL Model Law on International Arbitration. Combining both theory and practice, it is written by leading academics and practitioners from Europe, Asia and the Americas to ensure the book has a balanced international coverage. The book not only provides an article-by-article critical analysis, but also incorporates information on the reality of legal practice in UNCITRAL jurisdictions, ensuring it is more than a recitation of case law and variations in legal text. This is not a handbook for practitioners needing a supportive citation, but rather a guide for practitioners, legislators and academics to the reasons the Model Law was structured as it was, and the reasons variations have been adopted.

The full citation of the book is as follows:

Bantekas, I., Ortolani, P., Ali, S., Gomez, M., and Polkinghorne, M. [authors], (2019) The UNICTRAL Model Law on International Commercial Arbitration: A Commentary (Cambridge University Press).

The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong

The first chapter of Professor Gary Bell’s book on The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons (2018) Cambridge University Press addresses the Adoption of the UNCITRAL Model Law in Hong Kong and is available here.  The chapter examines Hong Kong’s unique jurisdictional characteristics following its adoption of the Model Law (“ML”) in 2011. While the bulk of the ML provisions were reproduced verbatim or near-verbatim to the Arbitration Ordinance (“AO”), provisions relating to the recognition and enforcement of arbitral awards were not included in the Ordinance. These and other minor omissions have, however, been alternatively provided for. The ML is largely integrated into the new Arbitration Ordinance, in the hope of “[facilitating] the ‘fair and speedy’ resolution of disputes, providing for maximum party autonomy and minimal court intervention.” The new Ordinance: (1) abolishes the distinction between “domestic” and “international” arbitration; (2) provides for interim measures; (3) codifies the new obligation of confidentiality; (4) promotes alternative dispute resolution; and (5) includes provisions in regard to the enforcement of arbitral awards.  The full citation is as follows:

Ali, Shahla F., The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong (November 26, 2018). The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons (2018) Cambridge University Press. pp. 9-28 (Gary Bell Ed.) ; University of Hong Kong Faculty of Law Research Paper No. 2019/110. Available at SSRN: https://ssrn.com/abstract=3493453

The Legal Framework for Med-Arb Developments in China

Findings on the legal framework for Med-Arb reform in China including recent cases, institutional rules, advantages and existing pitfalls have been published by Dispute Resolution International available here.  The full citation to the article is: Ali, Shahla F., The Legal Framework for Med-Arb Developments in China: Recent Cases, Institutional Rules and Opportunities (October 18, 2016). Dispute Resolution International, DRI 119. PP. 119-132, 2016 . SSRN: https://ssrn.com/abstract=3216252