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Plus ça change, plus c'est la même chose: Eight Revisions not Adopted in the 2010 UNCITRAL Rules

Plus ça change, plus c'est la même chose: Eight Revisions not Adopted in the 2010 UNCITRAL Rules PLUS ÇA CHANGE, PLUS C'EST LA MÊME CHOSE: EIGHT REVISIONS NOT ADOPTED IN THE 2010 UNCITRAL RULES JAMES E. CASTELLO My title is deliberately provocative. The phrase "plus ça change ..." was apparently coined by the nineteenth century French critic, Jean-Baptiste Alphonse Karr1, who used it in his satirical journal Les Guêpes (The Wasps). He meant the phrase sarcastically: the more things change, the more they really stay the same. I use the phrase to call attention to a paradox: although the UNCITRAL Arbitration Rules ("the Rules") have just received a thorough revision for the first time in 34 years, several revisions that many observers expected to be made in the Rules were not adopted. But, I do not use the phrase sarcastically. The rejection of certain revisions to the Rules was deliberate. The UNCITRAL Commission had cautioned the Working Group that carried out the revision project not to tinker unnecessarily with Rules that were popular and successful. The Working Group generally heeded that advice. The premise, therefore, of this essay is that the Working Group's decisions not to adopt certain revisions in the Rules were well-considered and should reassure users that the recent revision was undertaken thoughtfully. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Plus ça change, plus c'est la même chose: Eight Revisions not Adopted in the 2010 UNCITRAL Rules

ASA Bulletin , Volume 28 (4) – Jan 2, 2010

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Kluwer Law International
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Copyright © Kluwer Law International
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1010-9153
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Abstract

PLUS ÇA CHANGE, PLUS C'EST LA MÊME CHOSE: EIGHT REVISIONS NOT ADOPTED IN THE 2010 UNCITRAL RULES JAMES E. CASTELLO My title is deliberately provocative. The phrase "plus ça change ..." was apparently coined by the nineteenth century French critic, Jean-Baptiste Alphonse Karr1, who used it in his satirical journal Les Guêpes (The Wasps). He meant the phrase sarcastically: the more things change, the more they really stay the same. I use the phrase to call attention to a paradox: although the UNCITRAL Arbitration Rules ("the Rules") have just received a thorough revision for the first time in 34 years, several revisions that many observers expected to be made in the Rules were not adopted. But, I do not use the phrase sarcastically. The rejection of certain revisions to the Rules was deliberate. The UNCITRAL Commission had cautioned the Working Group that carried out the revision project not to tinker unnecessarily with Rules that were popular and successful. The Working Group generally heeded that advice. The premise, therefore, of this essay is that the Working Group's decisions not to adopt certain revisions in the Rules were well-considered and should reassure users that the recent revision was undertaken thoughtfully.

Journal

ASA BulletinKluwer Law International

Published: Jan 2, 2010

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