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The Elgar Companion to UNCITRAL
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
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Critical Acclaim
Contributors
Contents
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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.
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.
Critical Acclaim
‘I commend the editors for this timely and thought-provoking companion, which serves as a useful reference point for all stakeholders in the harmonization project.’
– From the foreword by Anna Joubin-Bret, Secretary, UNCITRAL, Director, International Trade Law Division, United Nations
– From the foreword by Anna Joubin-Bret, Secretary, UNCITRAL, Director, International Trade Law Division, United Nations
Contributors
Contributors: Nadja Alexander, Gbenga Bamodu, Vivienne Bath, Spyridon V. Bazinas, Conway Blake, Ronald A. Brand, Petra Butler, Christian Carbajal Valenzuela, Luca Castellani, Yannick Chatard, Clarissa Chern, José Angelo Estrella Faria, Mark Fenwick, Franco Ferrari, Danielle Forrester, Justin Gleeson, Florencio A. Gramajo, Rishi Gulati, Nidhi Gupta, Jonathan Haddad, Thomas John, E.P Joubert, Jodie Adams Kirshner, Judith Knieper, Ben Köhler, Pedro Mendoza Montano, Irit Mevorach, Caroline Nicholas, Dalia Palombo, Sagi Peari, Mukesh Rawat, Raju K.D, Anselmo Reyes, Patricia Schoeffmann, Ulrich G. Schroeter, Jeremy Shelley, Poomintr Sooksripaisarnkit, Lisa Spagnolo, Arthur Tochetto Dal Piva, Sanita van Wyk, Erik P.M Vermeulen, Christopher Yukins
Contents
Contents:
UNCITRAL legal texts xviii
Foreword xxiv
Introduction to The Elgar Companion to UNCITRAL 1
Rishi Gulati (with Ben Köhler and Thomas John)
PART I INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES
1 UNCITRAL: the organization 11
José Angelo Estrella Faria
2 UNCITRAL conventions and private international law: from antagonism to symbiosis 36
Franco Ferrari
3 Harmonising the local and global: non-unitary States and UNCITRAL’s work of legal convergence 53
Justin Gleeson SC and Danielle Forrester
4 Progressive harmonisation of international trade law in Africa: the role of UNCITRAL 81
’Gbenga Bamodu
5 Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges 99
Anselmo Reyes
6 Latin America’s perspective on the reform of the Investor-State Dispute Settlement Mechanism 116
Christian Carbajal Valenzuela
PART II INTERNATIONAL DISPUTE RESOLUTION
7 UNCITRAL’s work in investor-state dispute settlement: promoting the rule of law internationally? 140
Rishi Gulati and Patricia Schoeffmann
8 The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration 161
Jeremy Shelley
9 The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration? 177
Dalia Palombo
10 Sovereign immunity and international arbitration: whither the rule of law? 193
Conway Blake
11 The history, evolution, and future of the UNCITRAL mediation framework 216
Judith Knieper and Jonathan Haddad
12 The Singapore Convention 242
Nadja Alexander and Clarissa Chern
13 Making the impossible possible: UNCITRAL’s impact on the harmonisation and modernisation of India’s legal framework for dispute resolution 267
Nidhi Gupta
14 Online dispute resolution 277
Ronald A. Brand
PART III INTERNATIONAL CONTRACT LAW
15 The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification 296
Ulrich G. Schroeter
16 The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law 328
Pedro Mendoza Montano
17 The CISG in the age of sustainable supply chains 339
Ben Köhler
18 Thinking, small and large: can the CISG help SMEs and if so, how? 356
Lisa Spagnolo
PART IV SELECTED TOPICS
19 UNCITRAL and MSMEs: an enduring and successful marriage 377
Petra Butler
20 ESG as a business model for small and medium-sized enterprises 392
Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen
21 Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL’s instruments 410
Irit Mevorach
22 Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation 428
Jodie Adams Kirshner and Yannick Chatard
23 Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions 442
Spyridon V. Bazinas
24 Negotiable instruments law: two layers of harmful discrepancy 462
Sagi Peari
25 The UNCITRAL Model Law on Public Procurement: potential next steps 480
Christopher Yukins and Caroline Nicholas
26 The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India 497
Mukesh Rawat and K. Damodaran Raju
27 UNCITRAL texts on electronic commerce 512
Luca G. Castellani
28 Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility 525
Poomintr Sooksripaisarnkit
29 UNCITRAL and international carriage of goods by sea 541
Vivienne Bath
Index 562
UNCITRAL legal texts xviii
Foreword xxiv
Introduction to The Elgar Companion to UNCITRAL 1
Rishi Gulati (with Ben Köhler and Thomas John)
PART I INSTITUTIONAL BACKGROUND, SOME CONCEPTUAL MATTERS, AND REGIONAL PERSPECTIVES
1 UNCITRAL: the organization 11
José Angelo Estrella Faria
2 UNCITRAL conventions and private international law: from antagonism to symbiosis 36
Franco Ferrari
3 Harmonising the local and global: non-unitary States and UNCITRAL’s work of legal convergence 53
Justin Gleeson SC and Danielle Forrester
4 Progressive harmonisation of international trade law in Africa: the role of UNCITRAL 81
’Gbenga Bamodu
5 Judicial support of international commercial arbitration under the Model Law: a précis of available options for judges 99
Anselmo Reyes
6 Latin America’s perspective on the reform of the Investor-State Dispute Settlement Mechanism 116
Christian Carbajal Valenzuela
PART II INTERNATIONAL DISPUTE RESOLUTION
7 UNCITRAL’s work in investor-state dispute settlement: promoting the rule of law internationally? 140
Rishi Gulati and Patricia Schoeffmann
8 The Mauritius Convention and UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration 161
Jeremy Shelley
9 The Hague Rules on Business and Human Rights: reconciling business and human rights with arbitration? 177
Dalia Palombo
10 Sovereign immunity and international arbitration: whither the rule of law? 193
Conway Blake
11 The history, evolution, and future of the UNCITRAL mediation framework 216
Judith Knieper and Jonathan Haddad
12 The Singapore Convention 242
Nadja Alexander and Clarissa Chern
13 Making the impossible possible: UNCITRAL’s impact on the harmonisation and modernisation of India’s legal framework for dispute resolution 267
Nidhi Gupta
14 Online dispute resolution 277
Ronald A. Brand
PART III INTERNATIONAL CONTRACT LAW
15 The 1980 Vienna Sales Convention (CISG) as standard setter for or obstacle to international commercial law unification 296
Ulrich G. Schroeter
16 The United Nations Convention on Contracts for the International Sale of Goods as reference to interpret or supplement Guatemalan law 328
Pedro Mendoza Montano
17 The CISG in the age of sustainable supply chains 339
Ben Köhler
18 Thinking, small and large: can the CISG help SMEs and if so, how? 356
Lisa Spagnolo
PART IV SELECTED TOPICS
19 UNCITRAL and MSMEs: an enduring and successful marriage 377
Petra Butler
20 ESG as a business model for small and medium-sized enterprises 392
Mark Fenwick, Tronel Joubert, Sanita van Wyk and Erik P.M. Vermeulen
21 Insolvency standards, model laws, and cooperation in cross-border insolvency: the role and impact of UNCITRAL’s instruments 410
Irit Mevorach
22 Cross-border insolvency under the UNCITRAL Model Laws and the European Insolvency Regulation 428
Jodie Adams Kirshner and Yannick Chatard
23 Security interests in intellectual property under the UNCITRAL Model Law on Secured Transactions 442
Spyridon V. Bazinas
24 Negotiable instruments law: two layers of harmful discrepancy 462
Sagi Peari
25 The UNCITRAL Model Law on Public Procurement: potential next steps 480
Christopher Yukins and Caroline Nicholas
26 The role of the UNCITRAL Model Law in reforming procurement mechanisms: a case study of India 497
Mukesh Rawat and K. Damodaran Raju
27 UNCITRAL texts on electronic commerce 512
Luca G. Castellani
28 Blockchain-based bills of lading and the UNCITRAL Model Law on Electronic Transferable Records: questions of compatibility 525
Poomintr Sooksripaisarnkit
29 UNCITRAL and international carriage of goods by sea 541
Vivienne Bath
Index 562
