The following Arbitration practice note produced in partnership with WilmerHale provides comprehensive and up to date legal information covering:
This Practice Note considers the procedure of an arbitration conducted pursuant to the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction.
The UNCITRAL Rules are intended to offer a flexible ad hoc solution to parties wishing to use arbitration as a dispute resolution mechanism and can be adapted and tailored to the specific needs of the parties. In this sense 'procedure' under the UNCITRAL Rules will always be unique depending on the particular needs of the parties and the discretion of the arbitral tribunal in place. However, some general rules do apply which are examined below.
The UNCITRAL Rules provide that where parties agree to refer their dispute to UNCITRAL arbitration, it will be decided in accordance with the UNCITRAL Rules (UNCITRAL Rules, Article 1(1)).
A model UNCITRAL arbitration clause is annexed to the UNCITRAL Rules and reads as follows:
‘Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.’
The UNCITRAL Rules note that parties should consider adding:
•‘The appointing authority shall be... [name of institution or person];•The number of arbitrators shall be... [one or three];•The place of arbitration shall be...
‘The appointing authority shall be... [name of institution or person];
The number of arbitrators shall be... [one or three];
The place of arbitration shall be...
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