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UNCITRAL Model Law on International Commercial Conciliation (2002)

Article 1. Scope of application and definitions

Article 2. Interpretation

Article 3. Variation by agreement

Article 4. Commencement of conciliation proceedings^c^

Article 5. Number and appointment of conciliators

Article 6. Conduct of conciliation

Article 7. Communication between conciliator and parties

Article 8. Disclosure of information

Article 9. Confidentiality

Article 10. Admissibility of evidence in other proceedings

Article 11. Termination of conciliation proceedings

Article 12. Conciliator acting as arbitrator

Article 13. Resort to arbitral or judicial proceedings

Article 14. Enforceability of settlement agreement^d^

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

UNCITRAL Model Law on International Commercial Conciliation (2002)

United Nations (UN)

copy @ Lex Mercatoria

UNCITRAL Model Law on International Commercial Conciliation (2002)

Article 1. Scope of application and definitions

(1) This Law applies to international^a^   1  commercial^b^   2  conciliation.

(2) For the purposes of this Law, "conciliator" means a sole conciliator or two or more conciliators, as the case may be.

(3) For the purposes of this Law, "conciliation" means a process, whether referred to by the expression conciliation, mediation or an expression of similar import, whereby parties request a third person or persons ("the conciliator") to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The conciliator does not have the authority to impose upon the parties a solution to the dispute.

(4) A conciliation is international if:

(a) The parties to an agreement to conciliate have, at the time of the conclusion of that agreement, their places of business in different States; or

(b) The State in which the parties have their places of business is different from either:

(i) The State in which a substantial part of the obligations of the commercial relationship is to be performed; or

(ii) The State with which the subject matter of the dispute is most closely connected.

(5) For the purposes of this article:

(a) If a party has more than one place of business, the place of business is that which has the closest relationship to the agreement to conciliate;

(b) If a party does not have a place of business, reference is to be made to the party's habitual residence.

(6) This Law also applies to a commercial conciliation when the parties agree that the conciliation is international or agree to the applicability of this Law.

(7) The parties are free to agree to exclude the applicability of this Law.

(8) Subject to the provisions of paragraph (9) of this article, this Law applies irrespective of the basis upon which the conciliation is carried out, including agreement between the parties whether reached before or after a dispute has arisen, an obligation established by law, or a direction or suggestion of a court, arbitral tribunal or competent governmental entity.

(9) This Law does not apply to:

(a) Cases where a judge or an arbitrator, in the course of judicial or arbitral proceedings, attempts to facilitate a settlement; and

(b) [...].


 1. a States wishing to enact this Model Law to apply to domestic as well as international conciliation may wish to consider the following changes to the text:

­ Delete the word "international" in paragraph (1) of article 1; and

­ Delete paragraphs (4), (5) and (6) of article 1.

 2. b The term "commercial" should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; exploitation agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea, rail or road.


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