Preview

Uncitral Model Law

Good Essays
Open Document
Open Document
4322 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Uncitral Model Law
Pepperdine Dispute Resolution Law Journal
Volume 3 | Issue 3 Article 5

4-6-2012

UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly
Robert N. Dobbins

Follow this and additional works at: http://digitalcommons.pepperdine.edu/drlj Part of the Commercial Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, International Trade Commons, Legislation Commons, Other Law Commons, and the Remedies Commons Recommended Citation
Dobbins, Robert N. (2003) "UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly ," Pepperdine Dispute Resolution Law Journal: Vol. 3: Iss. 3, Article 5. Available at: http://digitalcommons.pepperdine.edu/drlj/vol3/iss3/5

This Article is brought to you for free and open access by the School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Dispute Resolution Law Journal by an authorized administrator of Pepperdine Digital Commons. For more information, please contact Kevin.Miller3@pepperdine.edu.

Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From

UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly
Robert N. Dobbins As has often been the case for this virtually unsung Commission of the United Nations, with little fanfare outside the United Nations earlier this year the General Assembly formally adopted the Model Law on International Commercial Conciliation (the "Model Law") created by the United Nations Commission on International Trade Law ("UNCITRAL"; also the "Commission"). Readers should not misconstrue the quietude as something indicative of insignificance. The Model Law is landmark legislation in this age of globalization, providing a solid foundation on which UN Member States and businesses can
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Best Essays

    Riordan Manufacturing Recommendations
    • 2807 Words
    • 12 Pages

    Riordan Manufacturing Recommendations

    Riordan Mfg. Legal - Overview. (2003, 2004, 2006). Retrieved April 25, 2010, from Riordan Mfg.: https://ecampus.phoenix.edu/secure/aapd/cist/vop/Business/Riordan/Legal/RiordanLegal001.htm…

    • 2807 Words
    • 12 Pages
    Best Essays
    Read More
  • Good Essays

    Legal Issues - Gentura
    • 924 Words
    • 4 Pages

    Legal Issues - Gentura

    When entering into our contractual relationship with Gentura, CadMex choose the choice-of-law-clause of Candorean Regulations for Technology Import Contract (CRTIC), over the option of Contracts for the International Sales of Goods (CISG). It was determined early into the process that CISG was not a valid option since the country of Candore was not a signatory of CISG. Therefore, CRTIC was the chosen as the choice-of-law-clause, although CadMex legal counsel had many concerns about the red-tape Candorean authorities could insist upon. The forum selection clause chose Nonbinding International Arbitration, as the forum to dispute any contractual issues with Gentura. The nonbinding International Arbitration was chosen even after Candore gained WTO membership, because the Candore and US Courts has varying previsions about international contracts.…

    • 924 Words
    • 4 Pages
    Good Essays
    Read More
  • Powerful Essays

    LAW 723 Course Ouline
    • 3305 Words
    • 125 Pages

    LAW 723 Course Ouline

    International Treaties & Issues Materials posted on McInnes Chapter BlackBoard 19 FINAL EXAM 50% 4 TEACHING METHODS Instruction is based primarily on classroom lectures and discussions of assigned cases through a Socratic based approach. This means students must be prepared to answer— as well as ask questions— on the day’s topics. Consequently a student is expected to be current on the readings. Students will prepare and post on their desk for each class a name plate in black magic marker 5” letters so that they may be called upon by name to answer questions.…

    • 3305 Words
    • 125 Pages
    Powerful Essays
    Read More
  • Better Essays

    Addressing International Legal And Ethical Issues Simulation Summary
    • 1256 Words
    • 6 Pages

    Addressing International Legal And Ethical Issues Simulation Summary

    The fact is that domestic law has nothing to do with international law and companies should be ready to face any issue that could appear. The second week material offered more information on how to handle international issues. The forum selection is the most important thing to do when trying to avoid future conflicts of law. Litigation and arbitration are the best options for organizations involved in international disputes. Legal advice or counseling is a useful resource that could help avoid confusions and setbacks in the future; it is always better to be…

    • 1256 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Summary: Addressing International Legal And Ethical Issues Simulation
    • 696 Words
    • 3 Pages

    Summary: Addressing International Legal And Ethical Issues Simulation

    Litigation in the simulation would not have provided the best outcomes for the companies. Creating a forum selection clause for international business is important because it plans out ahead of time and simplifies the processes of dispute resolution. Companies both domestic and international should define their dispute resolution processes early in their relationships. They differ because of the international laws along with cultural and ethical differences. Problems need to be addressed more carefully because of the differences. A sociological extension of this inquiry would be to take stock of the diverse social interests that account for differences in the conflict of laws from one national system to another and to work toward a set of solutions on the basis of mutual interests (Sciences,…

    • 696 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Law 421 International Legal And Ethical Issues Research Paper
    • 527 Words
    • 3 Pages

    Law 421 International Legal And Ethical Issues Research Paper

    In week two of LAW/421 there has been an objective set forth in addressing international legal and ethical issues based upon the web simulation. Amongst this objective there has also been a list of questions given to anchor the body of the summary. Addressed in this summary will be the issues involved in resolving legal disputes in international transactions. Another key factor in this summary will be the discovery of practical consideration of taking legal action against a foreign business partner based in another country. Finding out what factors that could work against CadMex’s decision…

    • 527 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Addressing International Legal and Ethical Issues Simulation Summary
    • 717 Words
    • 3 Pages

    Addressing International Legal and Ethical Issues Simulation Summary

    Foreign businesses commonly use contracts for the international sale of goods as standard law. “Contracts for the international sale of goods was created by the U.N. Commission on International Trade Law to establish uniform rules for drafting certain international sales contracts” (Melvin, 2011, P. 634). Often foreign business use alternative dispute resolution to resolve contract conflicts that arise. Third parties ensure the safeguard of interest, standard law, and clause through such business contracts. International arbitration is the first resort to solve contract disputes. When arbitration fails and foreign parties belong to the World Trade Organization (WTO), the…

    • 717 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Bus 378 Week 3
    • 3675 Words
    • 10 Pages

    Bus 378 Week 3

    References: August, R., Mayer, D., & Bixby, M. (2009). International Business Law (5th ed.). Upper Saddle River: Prentice Hall…

    • 3675 Words
    • 10 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Case Study
    • 310 Words
    • 2 Pages

    Case Study

    Miller, R. L., & Jentz, G. A. (2010, 2007). Fundamentals of Business Law (8th ed.). Mason, Ohio, United States of America: South-Western Cengage…

    • 310 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    International Legal and Ethical Issues Simulation Summary
    • 411 Words
    • 2 Pages

    International Legal and Ethical Issues Simulation Summary

    CadMex and Gentura negotiated the choice of law clause that specifies which law will be applicable and what forum to use if a dispute arises between them. They determined that non-binding international arbitration would not only suit their needs, but it would be less costly than litigation and would also expedite dispute resolution. The international arbitrator’s power in conflict resolution will have a procedural outline in a written agreement that is agreed upon by both parties.…

    • 411 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Addressing International Legal And Ethical Issues Simulation Summary
    • 530 Words
    • 2 Pages

    Addressing International Legal And Ethical Issues Simulation Summary

    When issues are involved in resolving legal disputes in international transactions an international mediation should take place for determining these international disagreements. In the meantime, there should be a stipulation of dispute resolution put into place whether or not if any infringements arise which will cover the processes for a resolution. This would include the procedures, legal action or settlements, and the courts authority. With that said, contract provision should be imposed through the cross-border multi-jurisdiction transactions for legitimate support.…

    • 530 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Litigation Law 531
    • 814 Words
    • 4 Pages

    Litigation Law 531

    Erickson, D. L., & Bowen, P. (2005). Two Alternatives to Litigation: An Introduction to Arbitration and Mediation. Dispute Resolution Journal, 60(4), 42-48.…

    • 814 Words
    • 4 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Learning Team Charter Alternative Dispute Resolution Clause
    • 329 Words
    • 2 Pages

    Learning Team Charter Alternative Dispute Resolution Clause

    Jennings, M. (2006). Managing Disputes: Alternative Dispute Resolution and Litigation Strategies. Business: Its Legal, Ethical, and Global Environment. p111-118, p130.…

    • 329 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Best Essays

    Sub-Saharan Africa Essay
    • 2758 Words
    • 12 Pages

    Sub-Saharan Africa Essay

    On the vast continent of Africa, there are fifty-three countries; of these only six are not located below the Sahara Desert. This leaves the Sub-Saharan region of Africa to encompass a total of forty-seven countries. Many of these countries south of the Sahara have been in state failure, either partial or complete collapse of state authority. This has led to an inability to provide for economic development and a source of security. These failed states have governments with little political authority or ability to impose the rule of law, and are usually associated with widespread crime, conflict, or devastating humanitarian crises. Africa's problems are myriad and intricate; the rulers in Sub-Saharan Africa have struggled to develop autonomous and cohesive states during the postcolonial era giving rise to the fact that almost half of the world’s failing states are located here. The reasons for this wide spread failure below the Sahara include the following: intervention of Europeans through colonialism and slavery, poverty and low rankings in the Human Development Index, along with political instability and the rushed attempt of the democratization processes.…

    • 2758 Words
    • 12 Pages
    Best Essays
    Read More
  • Good Essays

    Ethical Relativism
    • 668 Words
    • 3 Pages

    Ethical Relativism

    Suggestions it cannot coexist with international business and that universal codes should be established to prevent powerful MNE’s exploiting countries. (Fisher and Lovell ’09).…

    • 668 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics