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Key research themes
1. How does the UNCITRAL Model Law influence the harmonization and practical application of international commercial arbitration laws worldwide?
This theme investigates the pivotal role of the UNCITRAL Model Law in shaping domestic arbitration statutes and unifying procedural standards across different jurisdictions. It addresses how the Model Law aims to balance progressive legal innovations with practical realities of arbitration, acting as a ‘legal laboratory’ facilitating the convergence of diverse legal traditions and enhancing predictability, enforcement, and legal certainty in international arbitration.
Key finding: Provides a comprehensive article-by-article critical analysis of the UNCITRAL Model Law, emphasizing its spread across different legal systems and highlighting how, in practice, the Model Law acts as a legal laboratory where... Read more
Key finding: Analyzes how India’s Arbitration and Conciliation Act, 1996, implements the UNCITRAL Model Law for international commercial arbitration, defining international arbitration broadly and emphasizing the principle of party... Read more
Key finding: Details the legislative adoption of UNCITRAL Model Law principles in Bangladesh through the Arbitration Act, 2001, creating an integrated framework for national and international arbitration. The study reveals challenges and... Read more
2. What are the common contractual and doctrinal challenges in drafting international commercial arbitration agreements and their practical implications?
This research area explores the complexities faced by parties and practitioners in formulating clear, operative arbitration clauses and the arbitrator’s contract. Key issues include ambiguous or contradictory clauses termed 'pathological' which can obstruct arbitration proceedings, the designation and role of appointing authorities, and the legal formation and enforceability of the arbitrator’s contract. Understanding these challenges is crucial for drafting viable arbitration agreements that ensure effective dispute resolution without procedural hurdles.
Key finding: Systematically categorizes 'pathological' arbitration clauses that are imprecise or internally inconsistent, impeding the arbitration process. It distinguishes between first-degree pathologies affecting arbitrator appointment... Read more
Key finding: Examines the procedural and practical consequences of erroneous or imprecise designations of appointing authorities within arbitration agreements under UNCITRAL Rules, showing that such errors can undermine party autonomy,... Read more
Key finding: Provides an in-depth analysis of the formation, parties, and essential terms of the arbitrator’s contract, emphasizing the impact of contract structure on arbitral proceedings. The work discusses distinctions between ad hoc... Read more
3. How do procedural practices and evidentiary considerations in international commercial arbitration reflect the challenges of cross-jurisdictional legal systems?
This theme assesses how procedural norms and evidentiary rules operate in international arbitration amid diverse legal traditions, such as common law and civil law systems. It investigates the influence of national procedural rules on arbitration, minimal court intervention, and how arbitrators balance differing evidentiary customs. Understanding these procedural dynamics is critical for arbitrators and parties to navigate cross-border disputes efficiently and for ensuring fairness and due process across jurisdictions.
Key finding: Analyzes divergences between common law and civil law traditions in evidentiary rules within international arbitration, particularly the emphasis on oral testimony and cross-examination in common law versus the preference for... Read more
Key finding: Evaluates the concern that international arbitration procedures increasingly resemble litigation, marked by formalization and procedural complexity. It identifies causes such as party expectations, legal counsel practices,... Read more
Key finding: Explores how arbitration, as a form of ADR, emerged to address inefficiencies of litigation, emphasizing efficiency, confidentiality, finality, and expertise in dispute resolution. The paper discusses arbitration’s procedural... Read more