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ARBITRATION RULES - UNCITRAL Arbitration Rules

Recommendations to Assist Arbitral Institutions and Other Interested Bodies with Regard to Arbitrations Under the UNCITRAL Arbitration Rules

Introduction

A. Adoption of UNCITRAL Arbitration Rules as Institutional Rules of an Arbitral Body

B. Arbitral Institution or Other Body Acting as Appointing Authority or Providing Administrative Services in Ad Hoc Arbitration under the Uncitral Arbitration Rules

1. Offer of Services
2. Functions as Appointing Authority
3. Administrative Services

Note

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

UNCITRAL Arbitration Rules

United Nations (UN)

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ARBITRATION RULES - UNCITRAL Arbitration Rules

Recommendations to Assist Arbitral Institutions and Other Interested Bodies with Regard to Arbitrations Under the UNCITRAL Arbitration Rules

Introduction

1. The UNCITRAL Arbitration Rules were adopted by the United Nations Commission on International Trade Law in 1976, after extensive consultations with arbitral institutions and arbitration experts. In the same year, the General Assembly of the United Nations, by its resolution 31/98, recommended the use of these Rules in the settlement of disputes arising in the context of international commercial relations. This recommendation was based on the conviction that the establishment of rules for ad hoc arbitration that were acceptable in countries with different legal, social and economic systems would significantly contribute to the development of harmonious international economic relations.

2. Since then, the UNCITRAL Arbitration Rules have become well known and are widely used around the world, not only in ad hoc arbitrations. Contracting parties increasingly refer to these Rules in their arbitration clauses or agreements, and a substantial number of arbitral institutions have, in a variety of ways, accepted or adopted these Rules.

3. One way in which the UNCITRAL Arbitration Rules have been accepted is that arbitral bodies have drawn on them in preparing their own institutional arbitration rules. This has taken two different forms. One has been to use the UNCITRAL Arbitration Rules as a drafting model, either in full (e.g., the 1978 Rules of Procedure of the Inter-American Commercial Arbitration Commission) or in part (e.g., the 1980 Procedures for Arbitration and Additional Rules of the International Energy Agency Dispute Settlement Centre).

4. The other form has been to adopt the UNCITRAL Arbitration Rules as such, maintaining their name, and to include in the statutes or administrative rules of an institution a provision that disputes referred to the institution shall be settled in accordance with the UNCITRAL Arbitration Rules, subject to any modifications set forth in those statutes or administrative rules. Prime examples of institutions adopting this approach are the two arbitration centres established under the auspices of the Asian-African Legal Consultative Committee (see Rule I of the Rules for Arbitration of the Kuala Lumpur Regional Arbitration Centre; arts. 4 and 11 of the Statutes of the Cairo Centre for International Commercial Arbitration). In addition, a provision similar to the one described above was included in the "Declaration of the Government of the Democratic and Popular Republic of Algeria concerning the settlement of claims by the Government of the United States of America and the Government of the Islamic Republic of Iran" of 19 January 1981 (art. III, para. 2).

5. In addition to the above cases, which concern an arbitral body's own and only rules, a great number of institutions which have their own established arbitration rules have accepted, in a variety of ways, the use of the UNCITRAL Arbitration Rules if parties so wished. Some institutions have, for example, embodied that option into their established institutional rules (e.g. London Court of Arbitration, 1981 International Arbitration Rules; Foreign Trade Arbitration of the Economic Chamber of Yugoslavia, 1981 Rules). Another form of acceptance has been to offer the administrative facilities of an arbitral institution in co-operation agreements between arbitration associations or chambers of commerce and in recommendations or model clauses providing for the use of the UNCITRAL Arbitration Rules. The prime example, which was also the first international agreement to include the UNCITRAL Arbitration Rules, is the "Optional Arbitration Clause for use in contracts in U.S.A.-U.S.S.R. Trade-1977 (prepared by American Arbitration Association and U.S.S.R. Chamber of Commerce and Industry)," with the Stockholm Chamber of Commerce acting as appointing authority.

6. Of the many other institutions that have declared their willingness to act as appointing authority and to provide administrative services in arbitration cases under the UNCITRAL Arbitration Rules only one should be mentioned here. The American Arbitration Association (AAA) has adopted a specific set of administrative "Procedures for Cases under the UNCITRAL Arbitration Rules" setting forth in detail how the AAA would perform the functions of an appointing authority and provide administrative services in conformity with the UNCITRAL Arbitration Rules.

7. In view of the promising trend in favour of the use of the UNCITRAL Arbitration Rules, these recommendations are intended to provide information and assistance to arbitral institutions and other relevant bodies, such as chambers of commerce. As the above examples indicate, there are a number of ways in which the UNCITRAL Arbitration Rules and their use in arbitration proceedings may be accepted.


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