UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform.
This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional.
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.
PDF of Title Page and T.O.C.
ACKNOWLEDGEMENTS
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS
INTRODUCTION
PART I: LEGISLATIVE IMPLEMENTATION
Chapter 1
Review of the Model Law's Implementation after Twenty-Five Years
Timothy Lemay and Corinne Montineri
Chapter 2
The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention
Judith Freedberg
PART II: RECURRING ISSUES-PRE-AWARD
Chapter 3
The Enforcement of Arbitration Agreements under Article 8 of the Model Law
Lawrence Boo
Chapter 4
Direct Review of Arbitral Jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration: An Assessment of Article 16(3)
Simon Greenberg
Chapter 5
Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege
Jean-Gabriel Castel
PART III: RECURRING ISSUES-POST-AWARD
Chapter 6
Exercising Discretion under Articles 34 and 36 of the Model Law: A Review of Practice
Amokura Kawharu
Chapter 7
The Public Policy Defence in the Model Law Jurisprudence: The ILA Report Revisited
Stefan Kröll
Chapter 8
Delocalization and Its Relevance in Post-award Review
Loukas Mistelis
PART IV: JUDICIAL PERSPECTIVES ON INTERNATIONAL INTERPRETATION
Chapter 9
The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International
Interpretation--The Singapore Experience
Quentin Loh
Chapter 10
The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation
Michael Lorbacher
PART V: HARMONIZED INTERPRETATION IN THEORY AND PRACTICE
Chapter 11
Judicial Internationalism and the Interpretation of the Model Law: Reflections on Some Aspects of Article 2A
Frédéric Bachand
Chapter 12
The CLOUT System (Case Law on UNCITRAL Texts): An UNCITRAL Experience
Monica Canafoglia
Chapter 13
From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives
Fabien Gélinas
PART VI: LOOKING AHEAD AT THE NEXT TWENTY-FIVE YEARS
Chapter 14
An International Arbitrator’s Perspective on Future Reform
L. Yves Fortier and Stéphanie Bachand
APPENDIX
UNCITRAL Model Law on International Commercial Arbitration (1985, with Amendments as Adopted in 2006)
INDEX
About the Editors
Frédéric Bachand is an Associate Professor of Law at McGill University, where he teaches in the areas of legal interpretation, extrajudicial dispute resolution, international investments, civil procedure, and civil evidence. His award-winning scholarship focuses on arbitration, with a particular emphasis on the role national courts play in the arbitral process. He holds doctorates from Université Panthéon-Assas (Paris I) and Université de Montréal, and a master’s degree from Cambridge. A member of the Quebec Bar since 1995, Professor Bachand acts as a consultant internationally in connection with numerous judicial proceedings relating to domestic and international arbitration. He has provided advice to many state entities, notably in China, Russia, Vietnam, Turkey, Haiti, Rwanda, Burkina Faso, the Central African Republic, Bangladesh, South Sudan, and Egypt, in relation to judicial training or law reform initiatives in the fields of international arbitration and private international law. Frédéric Bachand is one of three experts retained by the United Nations Commission on International Trade Law to contribute to its Digest of Case Law on the Model Law on International Commercial Arbitration. He is a National Correspondent for the CLOUT case reporting project.
Fabien Gélinas is an Associate Professor of Law at McGill University, where he was Associate Dean of Law and Director of the Institute of Comparative Law, and teaches international arbitration and contract law. He is a graduate of the University of Montreal and the Paris School of Diplomatic and Strategic Studies and holds a doctorate from the University of Oxford. A barrister of twenty years’ standing, he consults widely on matters of dispute resolution and legal reform, and acts as arbitrator in international cases. Professor Gélinas was formerly General Counsel of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris and a member of the drafting committee for the new ICC Rules of Arbitration, which came into effect in January of 2012. He has acted as adviser and delegate to the United Nations Commission for International Trade Law (UNCITRAL), the United Nations Economic Commission for Europe (UNECE), and the European Commission. He was designated Appointing Authority by the Secretary General of the Permanent Court of Arbitration at the Hague (PCA) on several occasions. His teaching and scholarship span legal theory, dispute resolution, contract law, and constitutional law. His work has appeared in many countries in Arabic, English, French, Spanish, and Russian. He was a lecturer at the Institute of Comparative Law in Paris and taught at the Faculty of Law of the University of Paris, the Institute of World Business Law, Trinity College Dublin, and Sciences Po in Paris.
About the Contributors
Stéphanie Bachand is an Associate in international arbitration and dispute resolution at Norton Rose Canada LLP in Montreal. Her practice focuses on international commercial and investment arbitration, commercial litigation, and regulatory compliance. She has acted as administrative secretary and counsel in institutional and ad hoc arbitrations involving joint ventures, trade secrets, licensing, information technology, foreign investment, and construction disputes. She has also pleaded before judicial tribunals in Quebec in a range of civil, commercial and environmental law disputes. She regularly advises clients on substantive and procedural issues in connection with trial preparation and settlement negotiations. Ms. Bachand is an active member of various non-profit organizations, including Lawyers without Borders Canada, for whom she acted as legal advisor in a pro bono mission in Guatemala in relation to human rights litigation. She also serves on the boards of directors of the Mile End Legal Clinic and La Société Mer et Monde. Prior to joining Norton Rose, Ms. Bachand clerked with judges of the Inter-American Court of Human Rights in Costa Rica. She also worked as a consultant to the North American Commission for Environmental Cooperation. Ms. Bachand holds a B.C.L. / LL.B. from McGill University and a B.Sc. in International Studies from the Université de Montréal. She has been a member of the Quebec Bar since 2010.
Lawrence Boo leads the teaching of international arbitration at the National University of Singapore and Bond University (Australia). He is also a Visiting Professor at Wuhan University (China), a Law Reform Consultant to the Singapore Attorney General and had led the Singapore delegation at UNCITRAL working group meetings on arbitration (2004–2009). He is on the panel of numerous arbitral institutions and has sat as arbitrator in more than 200 disputes.
Monica Canafoglia is a Legal Officer at the International Trade Law Division (ITLD), Office of Legal Affairs that serves the United Nations Commission on International Trade Law. In her current post she deals with a varied set of tasks, including co-ordination of the CLOUT system (Case Law on UNCITRAL Texts) and the compilation of worldwide case law concerning UNCITRAL legislative texts. Before joining ITLD, Ms. Canafoglia worked for other agencies of the United Nations focusing on human rights, children’s rights, and labour rights. She is a qualified lawyer in Italy, her home country, where she specialized in international trade law, and holds a Master of Public Policy and Management degree.
Jean-Gabriel Castel is an Officer of the Order of Canada, Chevalier de la Légion d’honneur, Q.C., J.D. (Mich.), S.J.D. (Harv.), licencié en droit (Paris I), Docteur. h.c. (Aix-Marseille), Distinguished Research Professor Emeritus, Osgoode Hall Law School, York University, Toronto, and international Arbitrator.
L. Yves Fortier, CC, OQ, QC is recognized as one of the top Arbitrators in the world. After many years as a senior Partner and Chairman of Ogilvy Renault (now Norton Rose Canada), he is now a sole practitioner with offices in Montréal, Toronto, and London. He has served as Chairman or party-appointed Arbitrator on more than one hundred arbitral tribunals, either ad hoc or constituted by different arbitral institutions. He is a former President of the London Court of International Arbitration (LCIA). In 2012, he was appointed by the World Bank as Chairman of its Sanctions Board. From July 1988 until January 1992, Mr. Fortier took leave from his law practice to take up an appointment as Canada’s Ambassador and Permanent Representative to the United Nations in New York.
Judith Freedberg is Director of International Arbitration Professional Programs, University of Miami School of Law. She earned a B.A. from Bryn Mawr College and a J.D. from Leiden University Faculty of Law in the Netherlands. She coordinates the Law School’s international arbitration program and previously served as general counsel for the Permanent Court of Arbitration at The Hague from 1997 to 2007. Ms. Freedberg also served as head of the Department of International Commercial Arbitration at T.M.C. Asser Institute for International Law at The Hague. She has taught at Utrecht University, VU Amsterdam (Vrije Universiteit), and Leiden University, among others, and has served as managing editor of the ICCA publications, Yearbook Commercial Arbitration, International Handbook on Commercial Arbitration, and ICCA Congress Series. In addition, she writes and speaks widely in Dutch and English on topics of international arbitration. She serves as an Observer to the UNCITRAL Working Group on International Arbitration on behalf of the Miami International Arbitration Society (MIAS). She is also a member of the MIAS Board of Directors and Vice President of ICCA Miami 2014, Inc.
Simon Greenberg is a Partner with Clifford Chance’s international arbitration group in Paris. His arbitration experience covers all major arbitral institutions and a range of dispute types, notably including technology/IP, telecommunications, construction, post-acquisition, and weapons procurement. He is a Court Member (for Australia) of the ICC International Court of Arbitration. Before joining Clifford Chance in early 2012, he spent four years as Deputy Secretary-General of the ICC Court and previously practiced with leading international arbitration firms in Paris and Australia. He has authored or co-authored numerous articles and two books on international arbitration. His first book, International Commercial Arbitration: An Asia-Pacific Perspective (Cambridge 2011) is the first subject-by-subject international arbitration text book with an Asia-Pacific focus. His most recent book, The Secretariat’s Guide to ICC Arbitration (ICC 2012) includes an article-by-article commentary on the 2012 ICC Rules of Arbitration. Mr. Greenberg also lectures on international commercial contracts at Sciences Po in Paris and is a Visiting Professor of international arbitration at Hong Kong University.
Amokura Kawharu is a senior Lecturer in Law at the University of Auckland, and holds a B.A./LL.B. (Hons) from the University of Auckland and an LLM from the University of Cambridge. Her research interests include international trade and investment law, arbitration, and international dispute resolution. She contributes reviews on disputes settlement for the New Zealand Law Review and recently co-authored a treatise on New Zealand arbitration law with David Williams Q.C., Williams & Kawharu on Arbitration (LexisNexis, 2011). Prior to joining the Auckland Law Faculty in 2005, she practised as a Solicitor for a number of years in New Zealand and Australia.
Stefan Kröll is an independent Arbitrator in Cologne and an honorary Professor at Bucerius Law School. He is a visiting Reader at the School of International Arbitration at CCLS (Queen Mary, University of London) and a national correspondent for Germany to UNCITRAL for arbitration and international commercial law. He has published widely in the field of international commercial arbitration and commercial law, including inter alia the books Comparative International Commercial Arbitration (co-authored with Lew/Mistelis), and Conflict of Law in Arbitration (edited with Ferrari). Recently he has been retained by UNCITRAL as one of the three experts to prepare the Digest on the UNCITRAL Model Law on International Commercial Arbitration.
Timothy Lemay is Principal Legal Officer and Head of the Legislative Branch of the International Trade Law Division / Office of Legal Affairs, the Secretariat of UNCITRAL (the United Nations Commission on International Trade Law) based in Vienna. He also serves as Secretary of UNCITRAL’s Working Group III (Online Dispute Resolution). Before joining UNCITRAL in July 2009, he served as Chief of the Governance, Human Security and Rule of Law Section of UNODC (the United Nations Office on Drugs and Crime), prior to which he was Chief of UNODC’s Global Programme against Money-Laundering. Mr. Lemay joined the UN in 1995 following a career as a lawyer in Canada in private practice, with the Attorney General of Nova Scotia and latterly with Canada’s Department of Justice in Toronto. He is a graduate of Dalhousie Law School and a member of the International Bar Association as well as several bar associations in Canada.
Quentin Loh is a Judicial Commissioner of the Supreme Court of Singapore (appointed on September 1, 2009) and a Supreme Court Judge (appointed on 1 June 2010). Prior to his joining the bench, he was the Deputy Managing Partner of Rajah & Tann LLP from December 2003 to August 12, 2009. He was a key member of its international arbitration group as well as head of the Construction & Projects and Insurance and Reinsurance practice groups. Prior to joining Rajah & Tann in 2001 as a member of its Executive Committee, he was Managing Partner of Cooma, Lau & Loh, a firm he co-founded in 1978. He was appointed Senior Counsel in 1999. Besides appearing as counsel in numerous domestic and international arbitrations, Mr. Loh has also sat as arbitrator in domestic and international arbitrations. Until his appointment as a Judicial Commissioner, he was also a founding director of Maxwell Chambers, a dedicated building in Singapore for holding arbitrations.
Michael Lorbacher has been an Instructor and Examiner of law students since 1986 and has acted as Chairman in judicial arbitration proceedings for more than six years. Mr. Lorbacher completed his legal training at the old German universities of Mainz and Würzburg with two (state) examinations in 1978. During that time he was an Assistant Professor in the law of local government at the University of Würzburg. His research interests lie in varying fields, such as commercial law, international arbitration, and property law.
Loukas Mistelis is the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London, and is an acknowledged authority on international dispute resolution. Professor Mistelis was educated in Greece, France, and Japan. He has been a member of the Athens Bar since 1993 and was called to the English Bar in 2012. His substantial arbitration experience covers ad hoc and ICC, ICISD, LCIA, UNCITRAL, SCC, and Swiss Chambers. His publications include more than 50 refereed articles and 13 books. His research includes innovative empirical research into corporate attitudes toward dispute resolution. He is also the co-editor (with Laurence Shore) of the multi-volume World Arbitration Reporter: International Encyclopaedia of Arbitration Law and Practice (Juris), member of the Editorial Board of Arbitration International, Global Arbitration Review, the Journal of International Trade Law and Policy, the International Journal of Arab Arbitration, the Journal of International Dispute Settlement, the Review of Arbitration and Mediation (Canada), and General Editor of the Oxford International Arbitration Series.
Corinne Montineri is a Legal Officer in the International Trade Law Division of the United Nations Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). Her main field of activity relates to arbitration. She has been servicing the sessions of the UNCITRAL Working Group II (Arbitration and Conciliation) since October 2003 and is the Secretary of Working Group II, which currently works on the preparation of a legal standard on transparency in treaty-based investor-State arbitration. Ms. Montineri joined the United Nations Office of Legal Affairs in 2003. Prior to joining the United Nations Office of Legal Affairs, Ms. Montineri, a national of France, worked as a senior Legal Officer with multinational companies, mainly on matters relating to mergers and acquisition and international contracts, both in Europe and Asia-Pacific. Ms. Montineri holds a law degree from the University of Pantheon-Sorbonne (Paris) and a degree in Economics and Finance from the Institut d’Etudes Politiques (Paris).
About the Editors
Frédéric Bachand is an Associate Professor of Law at McGill University, where he teaches in the areas of legal interpretation, extrajudicial dispute resolution, international investments, civil procedure, and civil evidence. His award-winning scholarship focuses on arbitration, with a particular emphasis on the role national courts play in the arbitral process. He holds doctorates from Université Panthéon-Assas (Paris I) and Université de Montréal, and a master’s degree from Cambridge. A member of the Quebec Bar since 1995, Professor Bachand acts as a consultant internationally in connection with numerous judicial proceedings relating to domestic and international arbitration. He has provided advice to many state entities, notably in China, Russia, Vietnam, Turkey, Haiti, Rwanda, Burkina Faso, the Central African Republic, Bangladesh, South Sudan, and Egypt, in relation to judicial training or law reform initiatives in the fields of international arbitration and private international law. Frédéric Bachand is one of three experts retained by the United Nations Commission on International Trade Law to contribute to its Digest of Case Law on the Model Law on International Commercial Arbitration. He is a National Correspondent for the CLOUT case reporting project.
Fabien Gélinas is an Associate Professor of Law at McGill University, where he was Associate Dean of Law and Director of the Institute of Comparative Law, and teaches international arbitration and contract law. He is a graduate of the University of Montreal and the Paris School of Diplomatic and Strategic Studies and holds a doctorate from the University of Oxford. A barrister of twenty years’ standing, he consults widely on matters of dispute resolution and legal reform, and acts as arbitrator in international cases. Professor Gélinas was formerly General Counsel of the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris and a member of the drafting committee for the new ICC Rules of Arbitration, which came into effect in January of 2012. He has acted as adviser and delegate to the United Nations Commission for International Trade Law (UNCITRAL), the United Nations Economic Commission for Europe (UNECE), and the European Commission. He was designated Appointing Authority by the Secretary General of the Permanent Court of Arbitration at the Hague (PCA) on several occasions. His teaching and scholarship span legal theory, dispute resolution, contract law, and constitutional law. His work has appeared in many countries in Arabic, English, French, Spanish, and Russian. He was a lecturer at the Institute of Comparative Law in Paris and taught at the Faculty of Law of the University of Paris, the Institute of World Business Law, Trinity College Dublin, and Sciences Po in Paris.
About the Contributors
Stéphanie Bachand is an Associate in international arbitration and dispute resolution at Norton Rose Canada LLP in Montreal. Her practice focuses on international commercial and investment arbitration, commercial litigation, and regulatory compliance. She has acted as administrative secretary and counsel in institutional and ad hoc arbitrations involving joint ventures, trade secrets, licensing, information technology, foreign investment, and construction disputes. She has also pleaded before judicial tribunals in Quebec in a range of civil, commercial and environmental law disputes. She regularly advises clients on substantive and procedural issues in connection with trial preparation and settlement negotiations. Ms. Bachand is an active member of various non-profit organizations, including Lawyers without Borders Canada, for whom she acted as legal advisor in a pro bono mission in Guatemala in relation to human rights litigation. She also serves on the boards of directors of the Mile End Legal Clinic and La Société Mer et Monde. Prior to joining Norton Rose, Ms. Bachand clerked with judges of the Inter-American Court of Human Rights in Costa Rica. She also worked as a consultant to the North American Commission for Environmental Cooperation. Ms. Bachand holds a B.C.L. / LL.B. from McGill University and a B.Sc. in International Studies from the Université de Montréal. She has been a member of the Quebec Bar since 2010.
Lawrence Boo leads the teaching of international arbitration at the National University of Singapore and Bond University (Australia). He is also a Visiting Professor at Wuhan University (China), a Law Reform Consultant to the Singapore Attorney General and had led the Singapore delegation at UNCITRAL working group meetings on arbitration (2004–2009). He is on the panel of numerous arbitral institutions and has sat as arbitrator in more than 200 disputes.
Monica Canafoglia is a Legal Officer at the International Trade Law Division (ITLD), Office of Legal Affairs that serves the United Nations Commission on International Trade Law. In her current post she deals with a varied set of tasks, including co-ordination of the CLOUT system (Case Law on UNCITRAL Texts) and the compilation of worldwide case law concerning UNCITRAL legislative texts. Before joining ITLD, Ms. Canafoglia worked for other agencies of the United Nations focusing on human rights, children’s rights, and labour rights. She is a qualified lawyer in Italy, her home country, where she specialized in international trade law, and holds a Master of Public Policy and Management degree.
Jean-Gabriel Castel is an Officer of the Order of Canada, Chevalier de la Légion d’honneur, Q.C., J.D. (Mich.), S.J.D. (Harv.), licencié en droit (Paris I), Docteur. h.c. (Aix-Marseille), Distinguished Research Professor Emeritus, Osgoode Hall Law School, York University, Toronto, and international Arbitrator.
L. Yves Fortier, CC, OQ, QC is recognized as one of the top Arbitrators in the world. After many years as a senior Partner and Chairman of Ogilvy Renault (now Norton Rose Canada), he is now a sole practitioner with offices in Montréal, Toronto, and London. He has served as Chairman or party-appointed Arbitrator on more than one hundred arbitral tribunals, either ad hoc or constituted by different arbitral institutions. He is a former President of the London Court of International Arbitration (LCIA). In 2012, he was appointed by the World Bank as Chairman of its Sanctions Board. From July 1988 until January 1992, Mr. Fortier took leave from his law practice to take up an appointment as Canada’s Ambassador and Permanent Representative to the United Nations in New York.
Judith Freedberg is Director of International Arbitration Professional Programs, University of Miami School of Law. She earned a B.A. from Bryn Mawr College and a J.D. from Leiden University Faculty of Law in the Netherlands. She coordinates the Law School’s international arbitration program and previously served as general counsel for the Permanent Court of Arbitration at The Hague from 1997 to 2007. Ms. Freedberg also served as head of the Department of International Commercial Arbitration at T.M.C. Asser Institute for International Law at The Hague. She has taught at Utrecht University, VU Amsterdam (Vrije Universiteit), and Leiden University, among others, and has served as managing editor of the ICCA publications, Yearbook Commercial Arbitration, International Handbook on Commercial Arbitration, and ICCA Congress Series. In addition, she writes and speaks widely in Dutch and English on topics of international arbitration. She serves as an Observer to the UNCITRAL Working Group on International Arbitration on behalf of the Miami International Arbitration Society (MIAS). She is also a member of the MIAS Board of Directors and Vice President of ICCA Miami 2014, Inc.
Simon Greenberg is a Partner with Clifford Chance’s international arbitration group in Paris. His arbitration experience covers all major arbitral institutions and a range of dispute types, notably including technology/IP, telecommunications, construction, post-acquisition, and weapons procurement. He is a Court Member (for Australia) of the ICC International Court of Arbitration. Before joining Clifford Chance in early 2012, he spent four years as Deputy Secretary-General of the ICC Court and previously practiced with leading international arbitration firms in Paris and Australia. He has authored or co-authored numerous articles and two books on international arbitration. His first book, International Commercial Arbitration: An Asia-Pacific Perspective (Cambridge 2011) is the first subject-by-subject international arbitration text book with an Asia-Pacific focus. His most recent book, The Secretariat’s Guide to ICC Arbitration (ICC 2012) includes an article-by-article commentary on the 2012 ICC Rules of Arbitration. Mr. Greenberg also lectures on international commercial contracts at Sciences Po in Paris and is a Visiting Professor of international arbitration at Hong Kong University.
Amokura Kawharu is a senior Lecturer in Law at the University of Auckland, and holds a B.A./LL.B. (Hons) from the University of Auckland and an LLM from the University of Cambridge. Her research interests include international trade and investment law, arbitration, and international dispute resolution. She contributes reviews on disputes settlement for the New Zealand Law Review and recently co-authored a treatise on New Zealand arbitration law with David Williams Q.C., Williams & Kawharu on Arbitration (LexisNexis, 2011). Prior to joining the Auckland Law Faculty in 2005, she practised as a Solicitor for a number of years in New Zealand and Australia.
Stefan Kröll is an independent Arbitrator in Cologne and an honorary Professor at Bucerius Law School. He is a visiting Reader at the School of International Arbitration at CCLS (Queen Mary, University of London) and a national correspondent for Germany to UNCITRAL for arbitration and international commercial law. He has published widely in the field of international commercial arbitration and commercial law, including inter alia the books Comparative International Commercial Arbitration (co-authored with Lew/Mistelis), and Conflict of Law in Arbitration (edited with Ferrari). Recently he has been retained by UNCITRAL as one of the three experts to prepare the Digest on the UNCITRAL Model Law on International Commercial Arbitration.
Timothy Lemay is Principal Legal Officer and Head of the Legislative Branch of the International Trade Law Division / Office of Legal Affairs, the Secretariat of UNCITRAL (the United Nations Commission on International Trade Law) based in Vienna. He also serves as Secretary of UNCITRAL’s Working Group III (Online Dispute Resolution). Before joining UNCITRAL in July 2009, he served as Chief of the Governance, Human Security and Rule of Law Section of UNODC (the United Nations Office on Drugs and Crime), prior to which he was Chief of UNODC’s Global Programme against Money-Laundering. Mr. Lemay joined the UN in 1995 following a career as a lawyer in Canada in private practice, with the Attorney General of Nova Scotia and latterly with Canada’s Department of Justice in Toronto. He is a graduate of Dalhousie Law School and a member of the International Bar Association as well as several bar associations in Canada.
Quentin Loh is a Judicial Commissioner of the Supreme Court of Singapore (appointed on September 1, 2009) and a Supreme Court Judge (appointed on 1 June 2010). Prior to his joining the bench, he was the Deputy Managing Partner of Rajah & Tann LLP from December 2003 to August 12, 2009. He was a key member of its international arbitration group as well as head of the Construction & Projects and Insurance and Reinsurance practice groups. Prior to joining Rajah & Tann in 2001 as a member of its Executive Committee, he was Managing Partner of Cooma, Lau & Loh, a firm he co-founded in 1978. He was appointed Senior Counsel in 1999. Besides appearing as counsel in numerous domestic and international arbitrations, Mr. Loh has also sat as arbitrator in domestic and international arbitrations. Until his appointment as a Judicial Commissioner, he was also a founding director of Maxwell Chambers, a dedicated building in Singapore for holding arbitrations.
Michael Lorbacher has been an Instructor and Examiner of law students since 1986 and has acted as Chairman in judicial arbitration proceedings for more than six years. Mr. Lorbacher completed his legal training at the old German universities of Mainz and Würzburg with two (state) examinations in 1978. During that time he was an Assistant Professor in the law of local government at the University of Würzburg. His research interests lie in varying fields, such as commercial law, international arbitration, and property law.
Loukas Mistelis is the Clive M. Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London, and is an acknowledged authority on international dispute resolution. Professor Mistelis was educated in Greece, France, and Japan. He has been a member of the Athens Bar since 1993 and was called to the English Bar in 2012. His substantial arbitration experience covers ad hoc and ICC, ICISD, LCIA, UNCITRAL, SCC, and Swiss Chambers. His publications include more than 50 refereed articles and 13 books. His research includes innovative empirical research into corporate attitudes toward dispute resolution. He is also the co-editor (with Laurence Shore) of the multi-volume World Arbitration Reporter: International Encyclopaedia of Arbitration Law and Practice (Juris), member of the Editorial Board of Arbitration International, Global Arbitration Review, the Journal of International Trade Law and Policy, the International Journal of Arab Arbitration, the Journal of International Dispute Settlement, the Review of Arbitration and Mediation (Canada), and General Editor of the Oxford International Arbitration Series.
Corinne Montineri is a Legal Officer in the International Trade Law Division of the United Nations Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). Her main field of activity relates to arbitration. She has been servicing the sessions of the UNCITRAL Working Group II (Arbitration and Conciliation) since October 2003 and is the Secretary of Working Group II, which currently works on the preparation of a legal standard on transparency in treaty-based investor-State arbitration. Ms. Montineri joined the United Nations Office of Legal Affairs in 2003. Prior to joining the United Nations Office of Legal Affairs, Ms. Montineri, a national of France, worked as a senior Legal Officer with multinational companies, mainly on matters relating to mergers and acquisition and international contracts, both in Europe and Asia-Pacific. Ms. Montineri holds a law degree from the University of Pantheon-Sorbonne (Paris) and a degree in Economics and Finance from the Institut d’Etudes Politiques (Paris).
PDF of Title Page and T.O.C.
ACKNOWLEDGEMENTS
ABOUT THE EDITORS
ABOUT THE CONTRIBUTORS
INTRODUCTION
PART I: LEGISLATIVE IMPLEMENTATION
Chapter 1
Review of the Model Law's Implementation after Twenty-Five Years
Timothy Lemay and Corinne Montineri
Chapter 2
The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention
Judith Freedberg
PART II: RECURRING ISSUES-PRE-AWARD
Chapter 3
The Enforcement of Arbitration Agreements under Article 8 of the Model Law
Lawrence Boo
Chapter 4
Direct Review of Arbitral Jurisdiction under the UNCITRAL Model Law on International Commercial Arbitration: An Assessment of Article 16(3)
Simon Greenberg
Chapter 5
Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege
Jean-Gabriel Castel
PART III: RECURRING ISSUES-POST-AWARD
Chapter 6
Exercising Discretion under Articles 34 and 36 of the Model Law: A Review of Practice
Amokura Kawharu
Chapter 7
The Public Policy Defence in the Model Law Jurisprudence: The ILA Report Revisited
Stefan Kröll
Chapter 8
Delocalization and Its Relevance in Post-award Review
Loukas Mistelis
PART IV: JUDICIAL PERSPECTIVES ON INTERNATIONAL INTERPRETATION
Chapter 9
The UNCITRAL Model Law and the Pro-arbitration Approach: Judicial Internationalism and International
Interpretation--The Singapore Experience
Quentin Loh
Chapter 10
The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation
Michael Lorbacher
PART V: HARMONIZED INTERPRETATION IN THEORY AND PRACTICE
Chapter 11
Judicial Internationalism and the Interpretation of the Model Law: Reflections on Some Aspects of Article 2A
Frédéric Bachand
Chapter 12
The CLOUT System (Case Law on UNCITRAL Texts): An UNCITRAL Experience
Monica Canafoglia
Chapter 13
From Harmonized Legislation to Harmonized Law: Hurdles and Tools, Judicial and Arbitral Perspectives
Fabien Gélinas
PART VI: LOOKING AHEAD AT THE NEXT TWENTY-FIVE YEARS
Chapter 14
An International Arbitrator’s Perspective on Future Reform
L. Yves Fortier and Stéphanie Bachand
APPENDIX
UNCITRAL Model Law on International Commercial Arbitration (1985, with Amendments as Adopted in 2006)
INDEX