uncitral model law on international commerical arbitration along

UNCITRAL MODEL LAW ON INTERNATIONAL COMMERICAL

ARBITRATION

NEW YORK CONVENTION ON RECOGNITION AND ENFORCEMENT

OF FOREIGN ARBITRAL AWARDS

UNCITRAL ARBITRATION RULES

Ranjeet Mathew JacobBA LLB Vth Year

Roll No. 38PRN 09010123038


OF FOREIGN ARBITRAL AWARDS, 1958

• United Nations Diplomatic Conference on 10 June 1958 and entered into force on 7 June 1959

• Courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states

• It applies to arbitrations which are not considered as domestic awards in the state where recognition and enforcement is sought


OF FOREIGN ARBITRAL AWARDS, 1958

• Article II- agreement to be in writing • Article V-Challenges to enforcement of

arbitral award• Article VII-Multilateral conventions/

agreements between contracting parties to prevail

UNCITRAL ARBITRATION RULES,(revised 2010)

• Section I. Introductory rules • Scope of application (article 1) • Notice, calculation of periods of time (article

2)• Notice of arbitration (article 3)• Representation and assistance (article 4)


• Section II. Composition of the arbitral tribunal • Number of arbitrators (article 5)• Appointment of arbitrators (articles 6 to 8)• Challenge of arbitrators (articles 9 to 12)• Replacement of an arbitrator (article 13)• Repetition of hearings in the event of the

replacement of an arbitrator (article 14)


• Section III. Arbitral proceedings • General provisions (article 15) • Place of arbitration (article 16)• Statement of claim (article 18)• Statement of defence (article 19)• Amendments to the claim or defence (article 20)• Pleas as to the jurisdiction of the arbitral tribunal (article

21)• Evidence and hearings (articles 24 and 25)• Interim measures of protection (article 26)• Closure of hearings (article 29)


• Section IV The Award • Decisions (article 31)• Form and effect of the award (article 32)• Applicable law, amiable compositeur (article 33)• Settlement or other grounds for termination (article 34)• Interpretation of the award (article 35) • Correction of the award (article 36) • Additional award (article 37) • Costs (articles 38 to 40) • Deposit of costs (article 41)


ARBITRATION, 1985

• On 21 June 1985 UNCITRAL adopted Model Law on International Commercial Arbitration

• Working Group on International Contract Practices in February 1982

• June 1985, the project had attracted considerable interest: 62 State members or observers attended, as well as 18 international organisations


ARBITRATION, 1985

• Inadequacy of domestic laws

• Disparity between national laws

Features of Model Law on International Commercial Arbitration

• Special procedural regime for international commercial arbitration

• Article 1 : the scope of Model Law : “international commercial arbitration”.

• international if “the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States” (article 1 (3)).


• “commercial” : the Model Law :no strict definition.• The footnote to article 1 (1) : “a wide

interpretation”• an illustrative and open-ended list of relationships

that might be described as commercial in nature, “whether contractual or not”.

• circumvent any technical difficulty in determining which transactions should be governed by a specific body of “commercial law” that may exist in some legal systems.


• Article 7 : Arbitration Agreement• Article 8 and 9: Recourse to Courts• Article 16: Jurisdiction of the Arbitral

Tribunal • Article 18 and 19: procedural justice• Article 28: rules for determination of

law


• Article 36: Defence to enforcement of arbitral award• a party to the arbitration agreement was, under the law

applicable to him, under some incapacity;• the arbitration agreement was not valid under its governing law;• a party was not given proper notice of the appointment of the

arbitrator or of the arbitration proceedings, or was otherwise unable to present its case;

• the award deals with an issue not contemplated by or not falling within the terms of the submission to arbitration, or contains matters beyond the scope of the arbitration (subject to the proviso that an award which contains decisions on such matters may be enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those matters not so submitted);


• Article 36: Defence to enforcement of arbitral award• the composition of the arbitral tribunal was not in

accordance with the agreement of the parties or, failing such agreement, with the law of the place where the hearing took place (the "lex loci arbitri");

• the award has not yet become binding upon the parties, or has been set aside or suspended by a competent authority, either in the country where the arbitration took place, or pursuant to the law of the arbitration agreement;

• the subject matter of the award was not capable of resolution by arbitration; or

• enforcement would be contrary to "public policy".

Model Law on International Commercial Arbitration: Success or

Failure?

• Success• Unified arbitration regime

• Lesser issues in enforcement• Fairness in adjudication

• Failure• Different Country adopt partially• Judicial System’s Interpretation

uncitral model law on international commerical arbitration along

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