This book contains an investigation of the Model Law on International Commercial Arbitration and its specificities. It adopts an article-by-article structure: each chapter scrutinizes a provision of the Model Law, paragraph by paragraph. Special attention is devoted to the case-law of arbitral tribunals and national courts in the enacting states, so as to ensure the practical relevance of the analysis. Each of the chapters in this book follows the same structure, to maximize the ease of consultation. Before the paragraph-by-paragraph discussion of the relevant provision, every chapter starts with a section devoted to the article’s background and travaux préparatoires. While potentially interesting from a historical perspective, these sections are not only of academic relevance; to the contrary, they will hopefully feed in the work of practitioners, adding a further layer of detail to provisions that would otherwise often be regarded as uncontroversial. By delving into these histories and the policy considerations animating the drafters, this commentary will hopefully allow for an evolutionary, deeper understanding of the Model Law.
Q. Why this book, and why now?
The book contains a much-needed up-to-date analysis of all the provisions of the UNCITRAL Model Law on International Commercial Arbitration and national arbitration statutes that do not conform to the Model Law. There are many partial analyses of the Model Law, but very few are as deep and thorough as the ones offered in this book. The publication of this book is very timely given the exponential growth of international arbitration around the world and the lack of comprehensive commentaries about its regulation and practice. This book is an attempt to meet this demand for comparative legal analysis, facilitating the duties of counsel, arbitrators, arbitral institutions, judges and academics.
Q. Who should read this book?
Those interested in the current regulation and practice of international arbitration, including counsel, arbitrators, arbitral institutions, judges and academics.
Q. What is the most important takeaway you hope your readers gain from this book?
- This book portrays the reality of international arbitration conducted under the Model Law, providing a reliable overview of the ways in which this instrument is translated into practical reality by arbitrators and judges.
- This book is not a general arbitration treatise, but an investigation of the Model Law and its specificities.
- The book shows how, in practical application, the Model Law functions as a legal laboratory, where different legal traditions and approaches to private and procedural law interact with each other and, occasionally, start living a new life.
Q. How did you decide on the title and cover art?
The title clearly conveys the scope of the book, and the cover is simple and elegant. No special pictures but simply letters against a black and blue background.
Manuel A. Gómez is a Professor of Law and Associate Dean for International Studies and Global Engagement at Florida International University (FIU) in Miami. He specializes in international dispute resolution, international and comparative law, and the globalization of the legal profession, with a special focus on Latin America. He is a Board Member of the Miami International Arbitration Society (MIAS), chairs the Law School Liaison Committee of the International Law Section of the Florida Bar, and also the Latin America & Caribbean Group of the Silicon Valley Arbitration and Mediation Center (SVAMC). Professor Gómez is also the Editor-in-Chief of the World Arbitration and Mediation Review (WAMR) and serves on the editorial board of several journals, including the European Journal of Risk Regulation, the Latin American Law Review and Derecho y Democracia. He holds masters and doctoral degrees from Stanford University School of Law, and a law degree (cum laude) and a specialization in procedural law from the Universidad Católica Andrés Bello (Venezuela).