UNCITRAL MODEL LAW ON

INTERNATIONAL COMMERICAL
ARBITRATION

NEW YORK CONVENTION ON
RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS

UNCITRAL ARBITRATION RULES

Ranjeet Mathew Jacob
BA LLB Vth Year
Roll No. 38
PRN 09010123038
NEW YORK CONVENTION ON
RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS, 1958
United Nations Diplomatic Conference on 10 June
1958 and entered into force on 7 June 1959
Courts of contracting states to give effect to private
agreements to arbitrate and to recognize and enforce
arbitration awards made in other contracting states
It applies to arbitrations which are not considered as
domestic awards in the state where recognition and
enforcement is sought
NEW YORK CONVENTION ON
RECOGNITION AND ENFORCEMENT OF
FOREIGN ARBITRAL AWARDS, 1958
Article II- agreement to be in writing
Article V-Challenges to enforcement of arbitral
award
Article VII-Multilateral conventions/ agreements
between contracting parties to prevail

UNCITRAL ARBITRATION RULES,(revised 2010)

Section I. Introductory rules
Scope of application (article 1)
Notice, calculation of periods of time (article 2)
Notice of arbitration (article 3)
Representation and assistance (article 4)
UNCITRAL ARBITRATION RULES,(revised 2010)

Section II. Composition of the arbitral tribunal
Number of arbitrators (article 5)
Appointment of arbitrators (articles 6 to 8)
Challenge of arbitrators (articles 9 to 12)
Replacement of an arbitrator (article 13)
Repetition of hearings in the event of the replacement of
an arbitrator (article 14)
UNCITRAL ARBITRATION RULES,(revised 2010)

Section III. Arbitral proceedings
General provisions (article 15)
Place of arbitration (article 16)
Statement of claim (article 18)
Statement of defence (article 19)
Amendments to the claim or defence (article 20)
Pleas as to the jurisdiction of the arbitral tribunal (article 21)
Evidence and hearings (articles 24 and 25)
Interim measures of protection (article 26)
Closure of hearings (article 29)
UNCITRAL ARBITRATION RULES,(revised 2010)

Section IV The Award
Decisions (article 31)
Form and effect of the award (article 32)
Applicable law, amiable compositeur (article 33)
Settlement or other grounds for termination (article 34)
Interpretation of the award (article 35)
Correction of the award (article 36)
Additional award (article 37)
Costs (articles 38 to 40)
Deposit of costs (article 41)
UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERICAL
ARBITRATION, 1985
On 21 June 1985 UNCITRAL adopted Model Law
on International Commercial Arbitration
Working Group on International Contract Practices
in February 1982
June 1985, the project had attracted considerable
interest: 62 State members or observers attended, as
well as 18 international organisations
UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERICAL
ARBITRATION, 1985

Inadequacy of domestic laws

Disparity between national laws
Features of Model Law on
International Commercial
Arbitration
Special procedural regime for international
commercial arbitration
Article 1 : the scope of Model Law : international
commercial arbitration.
international if the parties to an arbitration
agreement have, at the time of the conclusion of that
agreement, their places of business in different
States (article 1 (3)).
Features of Model Law on
International Commercial
Arbitration
commercial : the Model Law :no strict denition.
The footnote to article 1 (1) : a wide interpretation
an illustrative and open-ended list of relationships that
might be described as commercial in nature, whether
contractual or not.
circumvent any technical difculty in determining which
transactions should be governed by a specic body of
commercial law that may exist in some legal systems.
Features of Model Law on
International Commercial
Arbitration
Article 7 : Arbitration Agreement
Article 8 and 9: Recourse to Courts
Article 16: Jurisdiction of the Arbitral Tribunal
Article 18 and 19: procedural justice
Article 28: rules for determination of law

Features of Model Law on
International Commercial
Arbitration
Article 36: Defence to enforcement of arbitral award
a party to the arbitration agreement was, under the law applicable to him,
under some incapacity;
the arbitration agreement was not valid under its governing law;
a party was not given proper notice of the appointment of the arbitrator
or of the arbitration proceedings, or was otherwise unable to present its
case;
the award deals with an issue not contemplated by or not falling within the
terms of the submission to arbitration, or contains matters beyond the
scope of the arbitration (subject to the proviso that an award which
contains decisions on such matters may be enforced to the extent that it
contains decisions on matters submitted to arbitration which can be
separated from those matters not so submitted);


Features of Model Law on
International Commercial
Arbitration
Article 36: Defence to enforcement of arbitral award
the composition of the arbitral tribunal was not in accordance with
the agreement of the parties or, failing such agreement, with the law
of the place where the hearing took place (the "lex loci arbitri");
the award has not yet become binding upon the parties, or has been
set aside or suspended by a competent authority, either in the country
where the arbitration took place, or pursuant to the law of the
arbitration agreement;
the subject matter of the award was not capable of resolution by
arbitration; or
enforcement would be contrary to "public policy".


Model Law on International
Commercial Arbitration: Success or
Failure?
Success
Unified arbitration regime
Lesser issues in enforcement
Fairness in adjudication
Failure
Different Country adopt partially
Judicial Systems Interpretation