Description
Book SynopsisAs 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.
Trade Review‘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
Table of ContentsContents: 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
