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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 VII - RECOURSE AGAINST AWARD

Article 34 - Application for setting aside as exclusive recourse against arbitral award

1. Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with paragraphs (2) and (3) of this article.

2. An arbitral award may be set aside by the court specified in article 6 only if:

(a) the party making the application furnishes proof that:

(i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this State; or

(ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or

(b) the court finds that:

(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or

(ii) the award is in conflict with the public policy of this State.

3. An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received that award or, if a request had been made under article 33, from the date on which that request had been disposed of by the arbitral tribunal.

4. The court, when asked to set aside an award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal's opinion will eliminate the grounds for setting aside.


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