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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)

copy @ Lex Mercatoria

ARBITRATION RULES - UNCITRAL Arbitration Rules

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

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

8. Arbitral institutions, when preparing or revising their institutional rules, may wish to consider the advisability of adopting the UNCITRAL Arbitration Rules. While it would clearly be in the interest of the desired unification of the rules on arbitral procedure that arbitral institutions adopt these Rules in full, some institutions may have reasons for incorporating, at least for the time being, only some of the provisions of these Rules. Even such adoption in part would constitute a step towards the harmonization of the rules on arbitral procedure.

9. However, if an institution intends to adopt such provisions and to maintain the name UNCITRAL Arbitration Rules, special considerations come into play which relate to the interest and expectations of the parties to an arbitration agreement or to a contract including an arbitration clause. Parties, and their lawyers, who have gained familiarity with and confidence in the use of the UNCITRAL Arbitration Rules tend to rely on the uniform and full application of these Rules by any arbitral institution which in its rules provides for the application of the UNCITRAL Arbitration Rules.

10. Therefore, an arbitral institution which intends to refer in its institutional rules to the UNCITRAL Arbitration Rules should take into account this interest of the parties in having certainty about which procedures to expect. Accordingly, it is recommended that institutions, when adopting the UNCITRAL Arbitration Rules and maintaining their name, refrain from modifying them.

11. This appeal to leave the UNCITRAL Arbitration Rules unchanged does not mean, of course, that the particular organizational structure and needs of a given institution should be neglected. Such specific features normally relate to matters not regulated in the UNCITRAL Arbitration Rules. For example, there are no special provisions in these Rules concerning the various facilities and procedures relating to administrative services or on such particular matters as fee schedules. It should, therefore, be possible to adopt institutional rules consisting of the UNCITRAL Arbitration Rules and some administrative rules which are tailored to the particular organizational structure and needs of the institution and are in conformity with the UNCITRAL Arbitration Rules.

12. If, in exceptional circumstances, an institution deems it necessary, for administrative purposes, to adopt a rule which modifies the UNCITRAL Arbitration Rules, it is strongly recommended to clearly indicate that modification. An appropriate way of doing so is to specify the provision of the UNCITRAL Arbitration Rules involved, as done, for example, in the Rules for Arbitration of the Kuala Lumpur Regional Arbitration Centre (opening words of Rule 8: "In lieu of the provisions of article 41 of the UNCITRAL Arbitration Rules the following provisions shall apply:..."). This indication would be of great help to the reader and potential user who would otherwise have to embark on a comparative analysis of the administrative procedures and all provisions of the UNCITRAL Arbitration Rules in order to discover any disparity between them.


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