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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

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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 IV - JURISDICTION OF ARBITRAL TRIBUNAL

Article 16 - Competence of arbitral tribunal to rule on its jurisdiction

1. The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. 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 contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

2. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

3. The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.


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