UNCITRAL Rules—background and introduction
Produced in partnership with WilmerHale

The following Arbitration practice note produced in partnership with WilmerHale provides comprehensive and up to date legal information covering:

  • UNCITRAL Rules—background and introduction
  • Background to the UNCITRAL Rules 1976
  • Overview of the UNCITRAL Rules 1976
  • Background to the UNCITRAL Rules 2010
  • Adoption of the UNCITRAL Rules 2010
  • The UNCITRAL Rules 2010 and the Transparency Rules
  • The influence of the UNCITRAL Rules on other arbitration rules
  • Administering of arbitration under the UNCITRAL Rules by arbitral institutions
  • The UNCITRAL Rules—Section I—Introductory rules
  • Scope of application
  • More...

UNCITRAL Rules—background and introduction

This Practice Note provides an introduction to the overall structure of the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). The UNCITRAL Rules occupy an important position in contemporary arbitration practice. The UNCITRAL Rules are intended for ad hoc international commercial arbitrations, meaning arbitrations that are not administered by an arbitral institution and, usually, do not proceed under the rules of such an institution. The UNCITRAL Rules may also be used in arbitrations between investors and states which proceed pursuant to a treaty, such as a bilateral investment treaty, where the treaty allows investors to pursue arbitration conducted under those rules.

Unless the parties agree otherwise, the UNCITRAL Rules apply to arbitration agreements concluded on or after 15 August 2010, ie the date the revised UNCITRAL Rules entered into force. The previous UNCITRAL Rules issued in 1976 will continue to apply to all arbitration agreements concluded before that date. Both the 1976 and 2010 UNCITRAL Rules are distinct from UNCITRAL’s Model Law on International Commercial Arbitration, adopted in 1985 and revised in 2006, which has been adopted (often in modified form) by more than 50 jurisdictions—see Practice Note: The UNCITRAL Model Law on International Commercial Arbitration.

Background to the UNCITRAL Rules 1976

The UNCITRAL Rules 1976 were intended to provide a comprehensive set of procedural rules upon which parties could

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