The Model Law, a major accomplishment in the field of international commercial arbitration, was prepared by the UN Commission on International Trade Law and is recommended by the UN General Assembly for use by governments throughout the world. The book contains separate sections for each of the thirty-six articles of the Model Law.After a commentary, each section contains the complete legislative history of the particular article. Arranged and edited for quick reference, this includes drafts, reports, summary records of debates, government comments and conference room papers. The book is designed to help practitioners and legislators wishing to evaluate and improve their country's arbitration law, and for lawyers and courts, in jurisdictions where all or part of it is enacted, and who are called upon to interpret the Model law.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Chapter I. General provisions Article 1. Scope of application; Article 2. Definitions and rules of interpretation; Article 3. Receipt of written communications; Article 4. Waiver of right to object; Article 5. Extent of court intervention; Article 6. Court or other authority for certain functions of arbitration assistance and supervision Chapter II. Arbitration agreement Article 7. Definition and form of arbitration agreement; Article 8. Arbitration and substantive claim before court; Article 9. Arbitration agreement and interim measures by court Chapter Ill. Composition of arbitral tribunal Article 10. Number of arbitrators; Article 11. Appointment of arbitrators; Article 12. Grounds for challenge; Article 13. Challenge procedure; Article 14. Failure or impossibility to act; Article 15. Appointment of substitute arbitrator Chapter IV. Jurisdiction of arbitral tribunal Article 16. Competence of arbitral tribunal to rule on its jurisdiction; Article 17. Power of arbitral tribunal to order interim measures Chapter V. Conduct of arbitral proceedings Article 18. Equal treatment of parties; Article 19. Determination of rules of procedure; Article 20. Place of arbitration; Article 21. Commencement of arbitral proceedings; Article 22. Language; Article 23. Statements of claim and defence; Article 24. Hearings and written proceedings; Article 25. Default of a party; Article 26. Expert appointed by arbitral tribunal; Article 27. Court assistance in taking evidence Chapter VI. Making of award and termination of proceedings Article 28. Rules applicable to substance of dispute; Article 29. Decision making by panel of arbitrators; Article 30. Settlement; Article 31. Form and contents of award; Article 32. Termination of proceedings; Article 33. Correction and interpretation of award; additional award Chapter VII. Recourse against award Article 34. Application for setting aside as exclusive recourse against arbitral award Chapter VIII. Recognition and enforcement of awards Article 35. Recognition and enforcement; Article 36. Grounds for refusing recognition or enforcement Explanatory Note by the UNCITRAL Secretariat on the Model Law on International Commercial Arbitration A. Background to the Model Law 1. Inadequacy of domestic laws; 2. Disparity between national laws B. Salient features of the Model Law 1. Special procedural regime for international commercial arbitration; 2. Arbitration agreement; 3. Composition of arbitral tribunal; 4. Jurisdiction of arbitral tribunal; 5. Conduct of arbitral proceedings; 6. Making of award and termination of proceedings; 7. Recourse against award; 8. Recognition and enforcement of awards.
Published
Alphen aan den Rijn : Kluwer Law International, 1995