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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.
The UNCITRAL Rules 1976 were intended to provide a comprehensive set of procedural rules upon which parties could
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What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings
Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In
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