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UNCITRAL Model Law on International Commercial Arbitration (1985) (as adopted by the United Nations Commission on International Trade Law on 21 June 1985)

CHAPTER I - GENERAL PROVISIONS

Article 1 - Scope of application  1 

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 agreement and substantive claim before court

Article 9 - Arbitration agreement and interim measures by court

CHAPTER III - 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 of 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

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

UNCITRAL Model Law on International Commercial Arbitration (1985)

United Nations (UN)

copy @ Lex Mercatoria

UNCITRAL Model Law on International Commercial Arbitration (1985) (as adopted by the United Nations Commission on International Trade Law on 21 June 1985)

CHAPTER III - COMPOSITION OF ARBITRAL TRIBUNAL

Article 11 - Appointment of arbitrators

1. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

2. 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.

3. Failing such agreement,

(a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;

(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.

4. Where, under an appointment procedure agreed upon by the parties,

(a) a party fails to act as required under such procedure, or

(b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or

(c) a third party, including an institution, fails to perform any function entrusted to it under such procedure,

any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

5. A decision on a matter entrusted by paragraph (3) and (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.


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