LLM Programme Coursework Assessment Sample
HARMONISATION OF TRANSNATIONAL COMMERCIAL LAW AND INTERNATIONAL COMMERCIAL ARBITRATION
Introduction
International commercial law contains a group of international conventions and treaties, business customs, and domestic regulations and practices that regulate international commercial relations.[1] These contracts are the sale transaction agreements between parties of different countries. As the business between other companies of different countries increases day by day, the requirement for harmonization of commercial law has become evident.[2] Further in this essay, the transactional and international commercial arbitration concepts are discussed. Transactional commercial law consists of some sets of rules that govern the international commercial transaction from whatever source and is common to many legal structures. International commercial arbitration is an alternative method of litigation that solves disputes among the parties of different countries.
Under this essay, the focus will lie on harmonizing commercial transactional laws with international commercial arbitration. Moreover, the essay also assesses the current laws governing transactional operations that bring success or failure to the present concerning the project. Also, it is observed that how the reef formation of the existing transactional law could become more beneficial for the project. The essay towards the end highlights several possible recommendations that show a way forward to harmonizing commercial transactional laws with international commercial arbitration. In addition to this, the essay concentrates on assessing the significant strengths and weaknesses concerned with the selected legal instrument.
Transactional Commercial Law
Transitional commercial law consists of rules that govern the international commercial transaction from whatever source and is common to many legal structures.[3] Also, there are three areas in this transnational commercial law: carriage of goods, the CISG and the International Commercial Law Practice. International economic law is different from commercial transactional law as it gives more emphasis on the private law of cross border transactions. In contrast, it is concerned with the dealings within the states. It is essential to be attentive to transactional commerce’s legal concepts. Such skill is necessary for any legal professional who wants to succeed in the legal field of this globalized world where they daily have to deal with cross-border transactions. [4]
International economic law must be distinguished from commercial transactional law as it mainly focuses on transactions in private law, cross-border transactions especially. The rapid growth in integrating markets in WWII and internationally resulted in the internationalization of the legal framework and institutional investment and trade.[5] Therefore the critical component of globalization is transnational commercial law, which has evolved rapidly. A variety of topics are covered under global commercial law, which starts from the legal framework on the international trading of goods and ends on the synchronization of complex financial transactions. Many commercial transactions governed by specific regulations and rules are known as commercial law. This is also known as trade law business law. [6]
This oversees numerous areas related to business operations. This is due to many business areas directed by this law covering wide tasks that include consumer transactions and business. Civil law subdivisions are commercial law, where both privacy and public issues are addressed. The areas confined by the commercial law involve consumer credit, secure transaction company contracts and house loans. Moreover, retail banking administers banking to transport, global commerce and sales.
International Commercial Arbitration
International commercial arbitration is replacement method that resolves disputes between two private parties that arise due to commercial transactions conducted beyond national boundary, allowing the parties to neglect the whole litigation process in the national court.[7] The dispute which arises under the international commercial contracts is solved utilizing international commercial arbitration. This method is used by those parties who do not want to go to court and fight the case. This is an alternative litigation method in which the patient is controlled under the terms the contracting parties agreed upon rather than procedural rules by national litigation. Most of the contracts have a dispute resolution clause that specifies that if any dispute arises in the agreement, that will be handled through arbitration instead of litigation. [8] The parties in the case can determine the growing law, the forum and the procedural law at the time of contract.
Arbitration can either be “ad hoc” or institutional. The type of arbitration depends upon the term of the contract. Institutional arbitration is when both parties agree to let arbitral institutions administer the dispute. When the parties bring up their own rules and regulations for arbitration, it is known as ad hoc arbitration. The Ad-Hoc type of arbitration is conducted independently by the party. In ad hoc arbitration, the parties are liable for deciding the arbitrator’s number and the procedure which arbitrators have to follow and the more perspectives of directing the process of arbitration. national laws and international treaties are the laws applied in the arbitration.[9] The procedural law and its rules and substantive law of the relevant arbitral institutions are also included in arbitration. The previous arbitral awards carry the persuasive authority, but they are not bided. Doctor and scholarly or commentary will also be applied. The importance of arbitration emerges from the difficulties and complexities a business faces when using foreign national courts to apply cross border contracts. The companies can be unfamiliar with the laws and regulations of different nations.[10] Thus, arbitration can provide a benefit for the relationship-specific investment.
Harmonization
The term harmonization is generally used to represent various approaches to reduce the legal diversity between several jurisdictions. It can reduce or eliminate the potential issues developed from legal diversity. Harmonization of activities mainly concentrates on formal legal rules.
Legislative development aims for global legal harmonization, and it has demonstrated various degrees of success in diverse areas. There are fundamental reasons for the challenges that legislative developments face. These can be inconsistencies between bottom-up and top-down drivers, political undercurrents shaping the arena of global legislative negotiations and the inherent difference between practical and theoretical legal research. [11] The possible solution to offset these contradictory interests can arise from private, interest-neutral organizations. These bridge the gap between scholarly and academic research, domestic legislative bodies, legal professionals, and global institutes evolving legal harmonization. Thus, a top-down approach can impact the harmonization of commercial laws. Law is a basic instrument of all transnational economic integration. Various legal structures and systems within the world or any area can enhance the transaction costs in numerous ways. [12] Therefore, efforts need to be expended to collect information regarding the national regulations and embrace the transaction structure to obey those regulations. On the other side, the differences can also result in uncertainty about the adherence of cross-border transactions to the laws and procedures of native legal arrangements and their enforceability at the time of emergence of any disagreement. The uncertainties develop mainly three types of transactional costs. These are the cost of setting incentives, legal disputes, and the cost of safeguarding compliance with the agreement.[13]
Thus, it can be said that uncertainty leads to higher transaction costs and thus lower investment, low national income, and lower consumption.
It has been found that there are certain studies conducted that highlights the linkage and alignment between reduction in economic growth and trade and legal uncertainty. It is also evident that the focus of these studies is on growth differences that result from legal uncertainty. It is not emphasized on regional legal infrastructure.
Harmonization is thus a process that is dependent on the planning by the concerned organization, including UNCITRAL. The official function or purpose of UNCITRAL is to modernize and harmonize the rules relating to international business. It provides a comprehensive set of procedures upon which involved parties can agree to conduct arbitral actions rising out of the commercial associations. Is significant to realise and know what is possible and understand what instrument covers the user’s needs. [14] UNCITRAL ensures this by preparing and promoting utilization and adoption of non-legislative and legislative instruments in several areas of commercial law. Conflict resolution and arbitration have famed this regulatory body in various circles of international commercial practice. [15]This is the legal body or framework behind motivating business investors and entities to use alternative conflict resolution to eradicate obstacles developed by State Court proceedings on the basis of domestic courts of civil proceedings. This body gives effects to its mandate by coordinating the activities of organizations active in the field and encouraging cooperation among them. It also promotes participation in international conventions and disseminates information on national legislation and modern legal developments.
Some of the general examples that UNCITRAL model laws on are electronic commerce 1996, electronic signatures, procurement of goods, construction and services 1994, and international commercial arbitration. UNCITRAL is thus essential in the fields of international bills of exchange and promissory notes, and international carriage of goods. As an illustration, it can be stated that article 9(1) states that if there is a need to appoint three arbitrators, then in such case, every involved party will nominate one arbitrator.
Furthermore, UNIDROIT instruments and work in the area of secured transactions. This aims to understand the methods and needs of harmonizing, modernizing, and coordinating private and commercial law between states.[16] Principles of International Commercial Contracts (“PICC” or “Principles”) of 2010 is a document prepared by the UNIDROIT that expects to contribute to the synchronization of international law of commercial agreements.
Further, the harmony of commercial laws is advantageous to develop commercial jurisdictions. However, it also offers a chance to commercially less developed authorities to gain the aids of an increasing area and avoid being missing behind. The harmonization of the law can be beneficial to the state representatives in specific nations undertaking national law and economic reforms to develop a marketplace economy and rules by law. To make legal structure and system most appropriate as per the financial reform, the laws are needed. In such a scenario, synchronized laws can be proved as a decent model to be followed.
Challenges and reasons for failure
There are several challenges in harmonization; for example, not economically sensible to contemplate full synchronization of commercial laws. The benefits of eliminating legal uncertainty need to be balanced against the costs of doing so. It is said that the complete harmonization of commercial law is not reasonable as it can result in substantial costs in the context of developing new bureaucracies. [17] In this scenario, the optimal level of legal uncertainty is hence expected to be bigger than zero. This is because even after full harmonization is attainable, it can also give rise to undesirable externalizing effects, for instance, reduction of competition.[18]In addition to this, it has been assessed that if the commercial laws get fully harmonized, there would be no incentive for states to be innovative in coming up with efficient legal infrastructure to differentiate themselves from other states.
Furthermore, complete harmonization can also be impossible on political Grounds in particular areas of a law where the states appeal in diverse directions due to their regional or national strategic interests. IPL or intellectual property law, for example, may well remain a polarizing area where harmonization is concerned. It can be illustrated that the states that are economically dependent on pharma companies can tend towards intellectual property law that safeguards the interest of such organizations. This can contrast to the comparison of states experiencing enhanced healthcare costs. It can tend towards less industry-friendly IPL to keep the health care sector and services reasonable.
Moreover, unlike the United States, India disallows the exercises of evergreening that is the extension of patent rights through patenting few enhancements. Consequently, there will be some areas of law for which synchronization or harmonization is not politically achievable. The reason is that different states aim to achieve different things in the context of diverse national interests and circumstances. It can be said that even where harmonization is feasible and desirable, the exercise must be approached with sensitivity towards the state legal system, which will have to apply these laws. A significant weakness that the cited legal instrument can refer to is the extent of the model law. Further, this law is widely applicable regarding the international commercial arbitration that limits the scope of the legislation for other conflicts, including non-commercial ones.
Factors of success
There are various diverse provisions among the legal system. For instance, there can be a notion known as breach of the agreement as per which the creditor can claim compensations.[19] There are various success factors or advantages of a harmonized set of laws in present world. The biggest one is the avoidance of conflict of laws. The parties from diverse lawful structures of an agreement find it’s quite complicated to connect with each other via the concept of state law of 1 party since it is not similar to further party.[20]
Consequently, in transnational commercial actions, the parties involved in the transaction want to choose laws and procedures that they know better or are more familiar with. The reason is that they want to forecast the consequences or results of legal disputes that can potentially arise in the coming time. The significant way to avoid the conflict of law or any kind of dispute is to develop harmonized law among different legal Systems by providing a synchronized legal atmosphere. It will become easy to anticipate the outcomes of any contract.[21]The reason is that the harmonized law will offer them a lawful certainty and guard their appropriate prospects. Another success factor can be the reduction of the transaction cost. It is evident that legal differences are serious obstacles in trading. The legal differences are exhibited to increase the transactional cost. For instance, it can be said that the resulting legal diversity forces a transnational enterprise to modify the working of industry upon crossing border from 1 jurisdiction to another. The company must comply with the different standards of the legal system. This is done to draft and develop particular contracts for every jurisdiction to fit the particular respective institutional and legal, environmental structure.
Therefore, this financial burden is linked with necessity to create an unusual provision for relevant jurisdiction in which organizations do their businesses are likely to be considerable. If obstacles remain in market, it cannot function as it needs to be. However, on the other hand, the harmonization of law can also offer a sound legal instrument to attain economy and efficiency for cross-border transaction of goods, services and people. Coordinated set of lawful rules can also eliminate excess transaction cost for several reasons. This can be illustrated that the information caused regarding the legal situations for user of legal rules can be considered lower than of domestic legal orders. Hence, to secure better operation of market, the legal treaty base has remained the foundation for harmonized pattern of legislation[22]. Considering the strengths of the selected legal instrument, it has been identified that this is valuable in assisting the states in establishing domestic processes as well as modernizing laws on the arbitral process.
Furthermore, it gives consideration to certain features and the needs of international commercial arbitration. It can be said that this instrument thus plays a lead role in enhancing the overall legal structure for transnational trade by formulating transnational legislative texts. It is also responsible for facilitating international trade and investment.[23] The importance of international requirements of reasonableness and fairness is not supposed to be minimized in low contract harmonization. Specifically, the common law systems have not emphasized such concepts.
The way forward (recommendations)
It is claimed that the legal harmonization process must be taken seriously as it sometimes leads to economic inefficiency and legal fragmentation. It has been identified a necessity to review and improve the working ways and means. Towards beginning point, it is significant for formulating agencies to identify boundaries of mechanisms they produce and limitations of the working methods and practices. It has been said that future of harmonization of law requires some type of dealings between international contracts or regulations. In previous days, there has been too much focus on applicability of conventions. However, the complexity of the present world recommends that however functions should be used precisely in the field of mandatory laws. The overuse of conventions can lead to lack of interest or a low level of ratification by some chief trading countries. This conveys a threat of demeaning the Treaty creation process.
Various businesses need credit to flourish, and the inability to gain funding and credit on affordable terms can be a particular problem for businesses in developing Nations. In addition to this, this is a crucial problem for small and medium-sized businesses all over the globe.[24] An inefficient and structured legal system governing the registration, provision and enforcement of secured transactions law credit can facilitate access to the funding or can contribute to decreasing the cost of credit. It is significant for economic growth and international trade for Nations to develop such laws. On the other hand, the difficulty and cost involved in the re-formation of law in this technical area are also considerable.
The UN Commission for international trade law is also working on texts to aid States who wish to reform their law, mainly in developing nations. Several areas and states have used the legislative guide in the modernization of the law. The law’s text is designed to work in the jurisdiction of all legal traditions. This has been made possible due to the involvement of delegations from legal traditions and its development.[25] It can be said that the concerns have resulted in demands of the reform from various state, civil society groups and international Enterprises or organizations.
From the last several years, UNCITRAL has broadened and shifted its mission. At the same time, it developed to promote progressive harmonization of law. It now also considers itself as an agent for the modernization of trade. However, the goals are not disconnected. Both goals follow from interest and promotion of the expansion of International Trade mainly with developing and underdeveloped countries. At its Inception, the body was formulated around the notion that divergences emerge from different state laws concerned with the international trade comprises of obstacles to development of World Trade. In present scenario, the UNCITRAL understands that these types of divergences encompass only one barrier to development of World Trade by implementing modernization. The UNCITRAL is concerned to tackle the barriers that go beyond the divergences. It has taken on the charge of law reform.[26]
Intending to execute the expanded shift in the mission, the regulatory body of law has considered it is essential to invent new technologies. This has employed models, laws, conventions, legal provisions, recommendations, and legislative guides. The explicit modernizing legislative guide also inspires some measures of harmonization. UNCITRAL also exists in the field of Enterprises that are concerned with modernization. It also needs to be clear that modernity refers to control or power. It is a powerful Nation that can embrace the label for its project. The label’s adoption can be referred to as the appropriation of claims made by powerful institutions and countries.[27]
Furthermore, it is the symbolic alignment of the UNCITRAL with political and economic power; therefore, it enhances the capability to establish global agendas.[28] The model law has been designed with the purpose to assist the states in modernizing and reforming the laws on the mediation process. This offers uniform rules in the context of the mediation process, and the purpose is to encourage the use of mediation and foster greater predictability. This was also known as model law on international commercial conciliation. It was amended in 2018; further it has been done on international settlement agreements while amending the model law on control has decided to utilize term mediation with the expectation that the change will Foster promotion.[29] It will also heighten visibility of model law to avoid any kind of uncertainty that arises from the absence of statutory provision. This law deals with the procedural aspects of mediation. This includes the commencement of mediation, conduct, communication between parties and mediator and ensuring confidentiality.
Conclusion
In conclusion form, it can be said that international commercial law encompasses a set of treaties, businesses, customs, regulations and procedures. This essay discloses the harmonization of international commercial arbitration and transnational commercial law. Further in this context, it has been elaborated that administration and harmonization are important to reduce the legal diversity between different nations and jurisdictions. This global approach reduces the differences and bridges the gap between academic research, the legal profession, and global institutes. It has been demonstrated in the essays that there is a significant association between legal uncertainty and economic trade and growth. The major emphasis has been given to UNCITRAL. This is the regulatory law body that offers various procedures for the conduct of arbitral action. It also ensures the appropriate use of conflict resolution techniques. Several strengths and weaknesses of this legal instrument have been discussed in the essay.
Moreover, on the contrary, several issues and challenges in harmonization have also been argued. It is elaborated that entire harmonization was quite difficult as different nations have different strategic interests; thus, complete harmonisation is impossible mainly on the political grounds. The major factors of success have been highlighted as reducing the overall cost, legal framework and avoiding conflict of laws. The essay also reveals some recommendations regarding the re-formation of this instrument.
Bibliography
Statutes
Carriage of Goods by Sea Act (CISG)
UNCITRAL Model Law
UNDROIT Principles
Books
Ali, Shahla F, “Transnational Commercial Law of Arbitration–Developments and Controversies”, (2019)
Ali, Shahla, “Transnational Commercial Law—Developments and Controversies”, The Oxford Handbook of Transnational Law, (2020)
Allahhi, Nahal, The Optimization of Court Involvement in International Commercial Arbitration, The University of Manchester (United Kingdom), 2017
Bell, Gary F, ed, The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge University Press, (2018)
Biresaw, Samuel Maireg, “Appraisal of the Success of the Instruments of International Commercial Arbitration vis-à-vis International Commercial Litigation and Mediation”, (2021)
Born, Gary B, International commercial arbitration, Kluwer Law International BV, (2020)
Demeter, Dalma, and ZeboNasirova, “International Legal Harmonisation in Theory and Practice”, Proceedings of the Conference’Legal, Political and Administrative Consequences of Romania’s Accession to the European Union’,„SpiruHaret” University Legal and Administrative Studies Bucharest, Romania, (2018)
Heidemann, Maren, Transnational Commercial Law, Macmillan International Higher Education, (2018)
Katia Fach Gomez, eds), (2018)
Mahabadi, Sadra, The Need for the Harmonisation of Provisional Measures in International Commercial Arbitration in the European Union, The University of Manchester (United Kingdom), (2016)
Mattar, Mohamed Y, “Harmonization of National Legislation through Model Laws: From the United Nations Commission on International Trade Law to the League of Arab States and the Gulf Cooperation Council”, (2017)
McMillen, Michael JT, “The Uncitral Model Secured Transactions Law: A Shari’Ah Perspective”, The Draft UNCITRAL Model Law on Secured Transactions: Why and How (2016)
MODEL, ON CROSS INSOLVENSI UNCITRAL, “INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL”, (2019)
Strong, S I, “Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis”, Book chapter in Mediation in International Commercial and Investment Disputes (Oxford University Press, Catharine Titi and
Journal Articles
Ali, Shahla F, “Transnational Law and Global Dispute Resolution”, (2019): 224-239
Deane, Felicity, and Rosalind Mason, “The UNCITRAL Model Law on Cross‐border Insolvency and the Rule of Law”, International Insolvency Review 25, 2 (2016): 138-159
Douglas, James, “Australia’s Role in UNCITRAL: Implementation of Conventions and Model Laws”, Int’l Trade & Bus, L Rev, 21 (2018): 231
Efrat, Asif, “Promoting trade through private law: Explaining international legal harmonization”, The Review of International Organizations 11, 3 (2016): 311-336
Eiselen, Sieg, “Harmonization of commercial law in the region of the Common Market for Eastern and Southern Africa”, Journal of South African Law/Tydskrifvir die Suid-AfrikaanseReg 2018, 4 (2018): 771-788
Gabriel, Henry Deeb, “The Use of Soft Law in the Creation of Legal Norms in International Commercial Law: How Successful Has It Been,” Mich J Int’l L 40 (2018): 413
Jain, Esha, and Mr Ashank Yadav, “International Contractual Relationships: Transnational Approach”, IOSR Journal of Business and Management 19, 3: 1-8
Jemielniak, Joanna, “Comparative Analysis as an Autonomization Strategy in International Commercial Arbitration”, International Journal for the Semiotics of Law-Revue internationale de Sémiotiquejuridique 31, 1 (2018): 155-173
McCormack, Gerard, and Wan Wai Yee, “The UNCITRAL Model Law on Cross-Border Insolvency Comes of Age: New Times or New Paradigms”, Tex Int’l LJ 54 (2018): 273
Morishita, Tetsuo, “Successes and Failure of Harmonization of Commercial Laws”, Japanese YB Int’l L, 60 (2017): 113
Moustaira, Elina, “UNCITRAL Model Law 1997”, International Insolvency Law, Springer, Cham, (2019), 73-106
Mugasha, Agasha, “The Reform and Harmonization of Commercial Laws in the East African Community”, Eur, JL Reform 19 (2017): 306
Tiba, Firew, “The Emergence of Hybrid International Commercial Courts and the Future of Cross Border Commercial Dispute Resolution in Asia”, Loy, U Chi Int’l L Rev, 14 (2016): 31
Vasudevan, Jaya, “Harmonizing Commercial and Investment Arbitration: Conflict Dynamics”, Journal of Sustainable Development Law and Policy (The) 12,2 (2021): 283-313
Viscasillas, Pilar Perales, “The UNCITRAL Model Law on International Commercial Arbitration: interpretation, general principles and arbitrability”, Journal of Law, Society and Development 3, 1 (2016): 67-84
Yip, Man, “Singapore International Commercial Court: A new model for transnational commercial litigation”, Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014), Brill Nijhoff, (2016), 155-177
Zeller, Bruno, “Private International Law in South Asia—A Few Pointers for Harmonization”, Private International Law, Springer, Singapore, 2017, 435-442
Websites
Menon, Sundaresh, “TRANSNATIONAL COMMERCIAL LAW: REALITIES, CHALLENGES AND A CALL FOR MEANINGFUL CONVERGENCE” (2013). Singapore Journal of Legal Studies, Accessed through: https://law1.nus.edu.sg/sjls/articles/sjls-dec-13-231.pdf, Accessed on: 17th January 2022.
[1]Biresaw, Samuel Maireg, “Appraisal of the Success of the Instruments of International Commercial Arbitration vis-à-vis International Commercial Litigation and Mediation”, (2021)
[2]Ali, Shahla F, “Transnational Commercial Law of Arbitration–Developments and Controversies”, (2019)
[3]Ali, Shahla, “Transnational Commercial Law—Developments and Controversies”, The Oxford Handbook of Transnational Law, (2020)
[4]Zeller, Bruno, “Private International Law in South Asia—A Few Pointers for Harmonization”, Private International Law, Springer, Singapore, 2017, 435-442
[5]Heidemann, Maren, Transnational Commercial Law, Macmillan International Higher Education, (2018)
[6]Mahabadi, Sadra, The Need for the Harmonisation of Provisional Measures in International Commercial Arbitration in the European Union, The University of Manchester (United Kingdom), (2016)
[7]Mugasha, Agasha, “The Reform and Harmonization of Commercial Laws in the East African Community”, Eur, JL Reform 19 (2017): 306
[8]Morishita, Tetsuo, “Successes and Failure of Harmonization of Commercial Laws”, Japanese YB Int’l L, 60 (2017): 113
[9]Gauri, Nirwal, “Harmonization of Arbitration Laws in some Asian and European Countries”, Pro Futuro (2020): 68
[10]Jain, Esha, and Mr Ashank Yadav, “International Contractual Relationships: Transnational Approach”, IOSR Journal of Business and Management 19, 3: 1-8
[11]Allahhi, Nahal, The Optimization of Court Involvement in International Commercial Arbitration, The University of Manchester (United Kingdom), 2017
[12]Vasudevan, Jaya, “Harmonizing Commercial and Investment Arbitration: Conflict Dynamics”, Journal of Sustainable Development Law and Policy (The) 12,2 (2021): 283-313
[13]Mattar, Mohamed Y, “Harmonization of National Legislation through Model Laws: From the United Nations Commission on International Trade Law to the League of Arab States and the Gulf Cooperation Council”, (2017)
[14]Efrat, Asif, “Promoting trade through private law: Explaining international legal harmonization”, The Review of International Organizations 11, 3 (2016): 311-336
[15]Gabriel, Henry Deeb, “The Use of Soft Law in the Creation of Legal Norms in International Commercial Law: How Successful Has It Been,” Mich J Int’l L 40 (2018): 413
[16]Strong, S I, “Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis”, Book chapter in Mediation in International Commercial and Investment Disputes (Oxford University Press, Catharine Titi and Katia Fach Gomez, eds), (2018)
[17]Eiselen, Sieg, “Harmonization of commercial law in the region of the Common Market for Eastern and Southern Africa”, Journal of South African Law/Tydskrifvir die Suid-AfrikaanseReg 2018, 4 (2018): 771-788
[18]Born, Gary B, International commercial arbitration, Kluwer Law International BV, (2020)
[19]McCormack, Gerard, and Wan Wai Yee, “The UNCITRAL Model Law on Cross-Border Insolvency Comes of Age: New Times or New Paradigms”, Tex Int’l LJ 54 (2018): 273
[20]Yip, Man, “Singapore International Commercial Court: A new model for transnational commercial litigation”, Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 32 (2014), Brill Nijhoff, (2016), 155-177
[21]MODEL, ON CROSS INSOLVENSI UNCITRAL, “INEFFECTIVENESS OF THE LAW ON CROSS INSOLVENSI UNCITRAL MODEL”, (2019)
[22]Ali, Shahla F, “Transnational Law and Global Dispute Resolution”, (2019): 224-239
[23]Bell, Gary F, ed, The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons, Cambridge University Press, (2018)
[24]Moustaira, Elina, “UNCITRAL Model Law 1997”, International Insolvency Law, Springer, Cham, (2019), 73-106
[25]Tiba, Firew, “The Emergence of Hybrid International Commercial Courts and the Future of Cross Border Commercial Dispute Resolution in Asia”, Loy, U Chi Int’l L Rev, 14 (2016): 31
[26]Douglas, James, “Australia’s Role in UNCITRAL: Implementation of Conventions and Model Laws”, Int’l Trade & Bus, L Rev, 21 (2018): 231
[27]Viscasillas, Pilar Perales, “The UNCITRAL Model Law on International Commercial Arbitration: interpretation, general principles and arbitrability”, Journal of Law, Society and Development 3, 1 (2016): 67-84
[28]Deane, Felicity, and Rosalind Mason, “The UNCITRAL Model Law on Cross‐border Insolvency and the Rule of Law”, International Insolvency Review 25, 2 (2016): 138-159
[29]McMillen, Michael JT, “The Uncitral Model Secured Transactions Law: A Shari’Ah Perspective”, The Draft UNCITRAL Model Law on Secured Transactions: Why and How (2016)
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