A Guide to the UNCITRAL Arbitration Rules by Clyde Croft SC, Christopher Kee, Jeff Waincymer

By Clyde Croft SC, Christopher Kee, Jeff Waincymer

The 1st model of the UNCITRAL Arbitration principles was once recommended through the overall meeting of the United countries in December 1976. Now one in all UNCITRAL’s maximum successes, the foundations have had a rare influence on overseas arbitration as either tools of their personal correct and as courses for others. The Iran-US Claims Tribunal, for instance, employs a slightly transformed model of the principles for all claims, and lots of multilateral and bilateral overseas funding treaties undertake the UNCITRAL ideas as an arbitral strategy. the foundations are so pervasive and the results of the recent model probably so major that they can not be missed. This observation at the principles brings the professional records jointly in a single quantity and comprises the insights and reviews of the operating team that aren't integrated within the reputable studies.

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The Working Group generally looked with favour on that proposal recognizing that it had only been proposed during the discussion at this session and might benefit from further refinement. 77. 9/WG. 147, para. 7: Option 1: Unless the parties have agreed to apply the Rules as in effect on the date of their agreement, the parties shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration. Option 2: Unless the parties have agreed to apply the Rules in effect on the date of commencement of the arbitration, the parties shall be deemed to have submitted to the Rules as in effect on the date of their agreement.

Subject to possible review at a future session, the Working Group expressed strong support for the retention of option 1, with the addition of the words ‘in respect of a defined legal relationship, whether contractual or not’. 19 Because the UNCITRAL Rules are commonly used in investment disputes where there may typically be claims other than by a article 1 21 contract it was certainly preferable to have amended the Article in this way. An example of a non-contractual dispute arose in the Thunderberg Gaming Corp.

For example, Article 1139 of the NAFTA Agreement expressly refers to the 1976 UNCITRAL Rules as applicable. 33 In all cases, even if the older rules are presumed to apply, the parties could modify that agreement and agree on the 2010 Rules. In appropriate circumstances a tribunal might invite the parties to so agree. 34 Article 1(3) indicates that the rules will govern the arbitration except where they are in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate.

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