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The adoption of the uncitral model law by the Federal Republic of Germany in the light of British Columbia’s experienceMueller, Holger 11 1900 (has links)
This thesis deals with the UNCITRAL Model Law, its general purpose and history, with
the current situation and regulation of international commercial arbitration in Germany, with an
examination of Canada's experiences with the Model Law and its acceptance by the Canadian
Courts. It also deals with the question whether the Model Law really is an ideal arbitration law,
and the thesis concludes with an evaluation of British Columbia's experiences and a strong
recommendation to the German legislature to implement the UNCITRAL Model Law into the
German statutes as soon as possible. The final chapter of this thesis contains a suggested
English version of the new German International Commercial Arbitration Act. As an appendix,
I have provided the texts of the British Columbia International Commercial Arbitration Act and
the UNCITRAL Model Law.
The intention of my thesis is to examine how Canada, and its province British Columbia
in particular, have implemented the UNCITRAL Model Law. In this context, the analysis
emphasizes on the modifications of the original Model Law made by the British Columbia
legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's
acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian
Courts in general, the improvements in the area of international commercial arbitration in
Canada since 1986, and the B.C. International Commercial Arbitration Centre.
There are two reasons for my investigation of the Canadian experience. The first reason
is the fact that these Canadian experiences with the Model Law are of interest to the Federal
Republic of Germany, because Canada was the first country in the world to adopt the
UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently
is considering implementing the Model Law as well. Therefore, Canada, and British Columbia
in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection
with the implementation.
My thesis is that the Federal Republic of Germany has to implement the UNCITRAL
Model Law as soon as possible. Some facts to be discussed and results of my research that
really support my thesis in this context are the goals of Germany concerning international
commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law,
the need for uniform commercial arbitration laws world-wide, and the warm reception of the
Model Law by most international businesses and the Canadian Courts.
In the discourse of my thesis, I basically try to prove four points, namely that the
implementation of the UNCITRAL Model Law in Canada and in its province British Columbia
has been a successful undertaking, that the Federal Republic of Germany also needs to
implement the Model Law, that there are no problems with the enactment of the Model Law
due to its international origin in Canada, and that there are not likely to be any problems in
Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and
ingenious continuation of the Model Law which can be recommended to the German
legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with
certain other modifications that have to made for a country like Germany due to its
constitutional, economical and geographical situation. This thesis hence tries to elaborate the
ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby
relying on the experiences and modifications made by British Columbia.
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The adoption of the uncitral model law by the Federal Republic of Germany in the light of British Columbia’s experienceMueller, Holger 11 1900 (has links)
This thesis deals with the UNCITRAL Model Law, its general purpose and history, with
the current situation and regulation of international commercial arbitration in Germany, with an
examination of Canada's experiences with the Model Law and its acceptance by the Canadian
Courts. It also deals with the question whether the Model Law really is an ideal arbitration law,
and the thesis concludes with an evaluation of British Columbia's experiences and a strong
recommendation to the German legislature to implement the UNCITRAL Model Law into the
German statutes as soon as possible. The final chapter of this thesis contains a suggested
English version of the new German International Commercial Arbitration Act. As an appendix,
I have provided the texts of the British Columbia International Commercial Arbitration Act and
the UNCITRAL Model Law.
The intention of my thesis is to examine how Canada, and its province British Columbia
in particular, have implemented the UNCITRAL Model Law. In this context, the analysis
emphasizes on the modifications of the original Model Law made by the British Columbia
legislature, the British Columbia International Commercial Arbitration Act of 1986, this Act's
acceptance by the Courts of British Columbia, the acceptance of the Model Law by Canadian
Courts in general, the improvements in the area of international commercial arbitration in
Canada since 1986, and the B.C. International Commercial Arbitration Centre.
There are two reasons for my investigation of the Canadian experience. The first reason
is the fact that these Canadian experiences with the Model Law are of interest to the Federal
Republic of Germany, because Canada was the first country in the world to adopt the
UNCITRAL Model Law almost a decade ago, and the Federal Republic of Germany presently
is considering implementing the Model Law as well. Therefore, Canada, and British Columbia
in particular, can be exemplary models for Germany. The German adoption of the Model Law is another main issue of this thesis which deals with problems arising in Germany in connection
with the implementation.
My thesis is that the Federal Republic of Germany has to implement the UNCITRAL
Model Law as soon as possible. Some facts to be discussed and results of my research that
really support my thesis in this context are the goals of Germany concerning international
commercial arbitration, the positive experiences of Canadian jurisdictions with the Model Law,
the need for uniform commercial arbitration laws world-wide, and the warm reception of the
Model Law by most international businesses and the Canadian Courts.
In the discourse of my thesis, I basically try to prove four points, namely that the
implementation of the UNCITRAL Model Law in Canada and in its province British Columbia
has been a successful undertaking, that the Federal Republic of Germany also needs to
implement the Model Law, that there are no problems with the enactment of the Model Law
due to its international origin in Canada, and that there are not likely to be any problems in
Germany concerning this matter, either, and finally, that the BC-ICAA is the ideal and
ingenious continuation of the Model Law which can be recommended to the German
legislature, (a) with all its modifications made by the British Columbia legislature, and (b) with
certain other modifications that have to made for a country like Germany due to its
constitutional, economical and geographical situation. This thesis hence tries to elaborate the
ideal and perfect International Commercial Arbitration Act (or Law?) for Germany — thereby
relying on the experiences and modifications made by British Columbia. / Law, Peter A. Allard School of / Graduate
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Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)Biukovic, Ljiljana 05 1900 (has links)
This thesis explores problems regarding the reception the UNCITRAL Model Law on
International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the
relationship between national courts and arbitrators, it argues that the ML fosters gradual
harmonization of law on international arbitration, while accommodating the particular needs of
the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study
derives from the fact that the experience of these three countries has been, and it still is, a guide
for a number of other countries considering the adoption of the ML and modification of their
arbitration laws.
First, the thesis explores the implementation of the ML at the national level, in each of
the countries of adoption in order determine, the legal changes, if any, brought about by the
adoption. The hypothesis is that legal borrowing can lead to different results in countries with
different legal traditions, different levels of economic development and different political
structures. At this level the analysis focuses on statutory frameworks and judicial practice in
these countries. Second, the thesis compares the results from the study at the national level in
order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect
the socio-economic environment and principles of old systems, and to determine changes to the
original model. The hypothesis is that arbitral tribunals are promoters of a new
"internationalized" legal culture and that national judges and courts, in comparison, are more
likely to reflect local or national legal cultures.
The thesis concludes that variations in the application and interpretation of the M L in
the three countries does not mean that the ML cannot bring about the harmonization of laws.
However, the ML is not a transplantation or duplication of foreign law, but a project of
reception. In that way, the ML serves as a basis for creativity, rather than representing the
imposition of a new, and perhaps, inappropriate; legal culture.
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Court intervention in arbitral proceedings in countries adopting the uncitral model law on international commercial arbitration : an impact of legal culture on reception (case studies of Canada, Hong Kong and Russia)Biukovic, Ljiljana 05 1900 (has links)
This thesis explores problems regarding the reception the UNCITRAL Model Law on
International Commercial Arbitration (ML) in Canada, Hong Kong and Russia. Focusing on the
relationship between national courts and arbitrators, it argues that the ML fosters gradual
harmonization of law on international arbitration, while accommodating the particular needs of
the legal cultures and traditions of Canada, Hong Kong and Russia. The importance of this study
derives from the fact that the experience of these three countries has been, and it still is, a guide
for a number of other countries considering the adoption of the ML and modification of their
arbitration laws.
First, the thesis explores the implementation of the ML at the national level, in each of
the countries of adoption in order determine, the legal changes, if any, brought about by the
adoption. The hypothesis is that legal borrowing can lead to different results in countries with
different legal traditions, different levels of economic development and different political
structures. At this level the analysis focuses on statutory frameworks and judicial practice in
these countries. Second, the thesis compares the results from the study at the national level in
order to explore the ways in which the same pattern (that is, the ML) has been modified to reflect
the socio-economic environment and principles of old systems, and to determine changes to the
original model. The hypothesis is that arbitral tribunals are promoters of a new
"internationalized" legal culture and that national judges and courts, in comparison, are more
likely to reflect local or national legal cultures.
The thesis concludes that variations in the application and interpretation of the M L in
the three countries does not mean that the ML cannot bring about the harmonization of laws.
However, the ML is not a transplantation or duplication of foreign law, but a project of
reception. In that way, the ML serves as a basis for creativity, rather than representing the
imposition of a new, and perhaps, inappropriate; legal culture. / Law, Peter A. Allard School of / Graduate
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