The Elgar companion to UNCITRAL / Rishi Gulati, Thomas John, and Ben Köhler, editors.

Format:

Book

Contributor:

Gulati, Rishi, editor.

John, Thomas, editor.

Köhler, Ben, 1989- editor.

Edward Elgar Publishing, publisher.

Series:

Elgar companions to international organisations.

Elgar Companions to International Organisations Series

Language:

English

Subjects (All):

Foreign trade regulation.

Commercial law.

International commercial arbitration.

United Nations Commission on International Trade Law.

Physical Description:

1 online resource (xxvi, 577 pages)

Other Title:

Elgar companion to United Nations Commission on International Trade Law

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to further the progressive unification of the law of international trade. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.Split into four key thematic sections, the book starts by providing an institutional background to UNCITRAL, before moving on to discuss the topic of dispute resolution, including contributions on international arbitration, mediation, and online dispute resolution. Further chapters then explore key topics in international contract law, especially relating to the United Nations Convention on Contracts for the International Sale of Goods. The final section of the Companion consists of chapters on a variety of matters considered at UNCITRAL, namely, micro, small and medium-sized businesses; insolvency; secured transactions; negotiable instruments; public procurement; electronic commerce and transport law.A diverse selection of contributors from a variety of legal backgrounds come together to present the past, present and future prospects of UNCITRAL instruments."-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

UNCITRAL legal texts

Foreword

Introduction to The Elgar Companion to UNCITRAL

PART I INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES

1. UNCITRAL: the organization

2. UNCITRAL conventions and private international law: from antagonism to symbiosis

3. Harmonising the local and global: non-unitary States and UNCITRAL's work of legal convergence

4. Progressive harmonisation of international trade law in Africa: the role of UNCITRAL

5. Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges

6. Latin America's perspective on the reform of the Investor-State Dispute Settlement Mechanism

PART II INTERNATIONAL DISPUTE RESOLUTION

7. UNCITRAL's work in investor-state dispute settlement: promoting the rule of law internationally?

8. The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration

9. The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration?

10. Sovereign immunity and international arbitration: whither the rule of law?

11. The history, evolution, and future of the UNCITRAL mediation framework

12. The Singapore Convention

13. Making the impossible possible: UNCITRAL's impact on the harmonisation and modernisation of India's legal framework for dispute resolution

14. Online dispute resolution

PART III INTERNATIONAL CONTRACT LAW

15. The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification

16. The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law

17. The CISG in the age of sustainable supply chains.

18. Thinking, small and large: can the CISG help SMEs and if so, how?

PART IV SELECTED TOPICS

19. UNCITRAL and MSMEs: an enduring and successful marriage

20. ESG as a business model for small and medium-sized enterprises

21. Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL's instruments

22. Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation

23. Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions

24. Negotiable instruments law: two layers of harmful discrepancy

25. The UNCITRAL Model Law on Public Procurement: potential next steps

26. The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India

27. UNCITRAL texts on electronic commerce

28. Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility

29. UNCITRAL and international carriage of goods by sea

Index.

Notes:

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Gulati, Rishi The Elgar Companion to UNCITRAL

ISBN:

9781803924540 (electronic book)

9781803924540

1803924543