搜尋結果
establishment of a harmonized legal framework for the fair and efficient settlement of international commercial disputes, Also noting that the Arbitration Rules as revised in 2010 were...
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- Receipt of written communications
- Waiver of right to object
- Extent of court intervention
- Defi nition and form of arbitration agreement
- Arbitration agreement and substantive claim before court
- Appointment of arbitrators
- Grounds for challenge
- Competence of arbitral tribunal to rule on its jurisdiction
- Power of arbitral tribunal to order interim measures
- Specifi c regime for preliminary orders
- Costs and damages
- Language
- Statements of claim and defence
- Hearings and written proceedings
- Expert appointed by arbitral tribunal
- Court assistance in taking evidence
- Rules applicable to substance of dispute
- Correction and interpretation of award; additional award
- Article 34. Application for setting aside as exclusive recourse against arbitral award
- Grounds for refusing recognition or enforcement
- 1. Inadequacy of domestic laws
- 2. Disparity between national laws
- 1. Special procedural regime for international commercial arbitration
- (a) Rules applicable to substance of dispute
- 7. Recourse against award
- (a) Towards uniform treatment of all awards irrespective of country of origin
Unless otherwise agreed by the parties: any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been receiv...
A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall ...
In matters governed by this Law, no court shall intervene except where so provided in this Law.
(As adopted by the Commission at its thirty-ninth session, in 2006) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defi ned legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbit...
A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his fi rst statement on the substance of the dispute, refer the parties to arbitration unless it fi nds that the agreement is null and void, inoperative or incapable of being performed. ...
No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article. Failing such agreement, in an arbitration with three arbitrator...
When a person is approached in connection with his possible appoint-ment as an arbitrator, he shall disclose any circumstances likely to give rise to justifi able doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances...
The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agree-ment. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the con-tract. A decision by the arbitral tribunal that th...
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is fi nally decided, the arbitral tribunal orders party t...
Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communi-cations, including by indicating the con...
The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted. The arbitral tribunal may award such costs and damages at a...
The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specifi ed therein, shall apply to any written statement by a party, any hearing a...
Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have other-wise agreed as to the required elements of suc...
Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tr...
Unless otherwise agreed by the parties, the arbitral tribunal may appoint one or more experts to report to it on specifi c issues to be determined by the arbitral tribunal; may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. Unles...
The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this State assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.
The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its confl ic...
Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: a party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature; if so agreed by the parties, a party, with ...
Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article. An arbitral award may be set aside by the court specifi ed in article 6 only if: the party making the application furnishes proof that: a party to the arbitration agreement referred to in arti...
Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: at the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that: a party to the arbitration agreement referred to in article 7 was under ...
6. Recurrent inadequacies to be found in outdated national laws include provisions that equate the arbitral process with court litigation and fragmentary provisions that fail to address all relevant substantive law issues. Even most of those laws that appear to be up-to-date and comprehensive were drafted with domestic arbitration primarily, if not...
8. Problems stemming from inadequate arbitration laws or from the absence of specifi c legislation governing arbitration are aggravated by the fact that national laws differ widely. Such differences are a frequent source of concern in international arbitration, where at least one of the parties is, and often both parties are, confronted with foreig...
10. The principles and solutions adopted in the Model Law aim at reducing or eliminating the above-mentioned concerns and diffi culties. As a response to the inadequacies and disparities of national laws, the Model Law presents a special legal regime tailored to international commercial arbitration, without affecting any rele-vant treaty in force i...
39. Article 28 deals with the determination of the rules of law governing the substance of the dispute. Under paragraph (1), the arbitral tribunal decides the dis-pute in accordance with the rules of law chosen by the parties. This provision is signifi cant in two respects. It grants the parties the freedom to choose the applicable substantive law,...
44. The disparity found in national laws as regards the types of recourse against an arbitral award available to the parties presents a major diffi culty in harmonizing international arbitration legislation. Some outdated laws on arbitration, by establish-ing parallel regimes for recourse against arbitral awards or against court decisions, provide ...
50. By treating awards rendered in international commercial arbitration in a uni-form manner irrespective of where they were made, the Model Law distinguishes between “international” and “non-international” awards instead of relying on the traditional distinction between “foreign” and “domestic” awards. This new line is based on substantive grounds...
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The UNCITRAL Arbitration Rules (as revised in 2010) have been effective since 15 August 2010. They include provisions dealing with, amongst others, multiple-party arbitration and joinder,...
2010年，UNCITRAL仲裁规则有所修订，以适应其最初制定以来国际仲裁程序的变化。 修订后的 UNCITRAL仲裁规则 已自2010年8月15日起生效。 规则及实务指引
UNCITRAL仲裁規則的初版，制定於1976年，曾被用於解決多類爭議，包括商事當事人間不涉及任何仲裁機構的爭議，投資者和東道國間的爭議，國與國間的爭議及由仲裁機構管理的商事爭議。
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What is the UNCITRAL Model Law on International Commercial Arbitration?
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Should International Commercial Arbitration be governed by the Model Law?
on the detailed regulation set out in Article 17 of the UNCITRAL Model Law. Significant revisions include: (i) setting forth the test for granting any such measure; (ii) an explicit power to order the requesting party to furnish
The UNCITRAL Model Law on International Commercial Arbitration[1] is a model law prepared and adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures.
