Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration

2019 ◽  
Author(s):  
Roth Marianne
Keyword(s):  
United Nations ◽  
Arbitral Tribunal ◽  
International Treaties ◽  
Commercial Arbitration ◽  
National Legislation ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Recognition And Enforcement ◽  
Model Law

This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.

UNCITRAL Model Law Adopted in Zimbabwe

1997 ◽  
Vol 41 (1) ◽  
pp. 146-146
Keyword(s):  
International Trade ◽  
United Nations ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Legal Effect ◽  
Recognition And Enforcement ◽  
The United Nations ◽  
Model Law

The Arbitration Act, 1996, provides for the adoption of the United Nations Commission on International Trade Law (UNCITRAL) model law on international commercial arbitration as the law of Zimbabwe. The Act also gives legal effect to the 10 June, 1958, Convention on the Recognition and Enforcement of Foreign Awards to which Zimbabwe is a party.

3 Cairo

2014 ◽  
Author(s):  
Hafez Karim
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations ◽  
Model Law

This chapter evaluates the merits of Cairo as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Egypt; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Cairo has become an attractive venue for international commercial arbitration since the promulgation of the Arbitration Act, inspired by the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The Egyptian courts are generally favorable to arbitration. They exercise minimal control over awards in actions for setting aside. The desirability of Cairo as a venue for international arbitration is further enhanced by the existence and activities of the Cairo Centre, which administers proceedings at very competitive rates compared with other arbitral institutions, and regularly updates its rules to reflect best international arbitration practices. The Centre also offers all the facilities required in connection with modern arbitration proceedings.

scholarly journals International Commercial Arbitration in Malaysia

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Iyllyana Che Rosli
Keyword(s):  
New York ◽  
Best Practice ◽  
International Treaties ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Cross Border ◽  
Before And After ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention

In the recent two decades, the wave of globalisation has hit the Malaysian market. It hence contributes to the popularity of arbitration as the means to settle cross border commercial disputes. The existing literature concerned with Malaysia suggests that the recent trend in Malaysia is that arbitration has become the dominant choice of dispute resolution forum. Using qualitative and doctrinal methods, this paper seeks to analyse the regulatory framework for international commercial arbitration in Malaysia, before and after Malaysia’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (hereinafter, NYC 1958). The NYC 1958 is one of the most successful international treaties with 161 contracting States. The NYC 1958 aims to promote uniform practical procedures for the recognition and enforcement of foreign arbitral awards in its contracting States, irrespective seat of the awards. In doing so, the paper examines two significant periods of arbitration laws in Malaysia: pre and post-accession to the NYC 1958. The paper concludes that Malaysia no longer follows English arbitration legislation and instead follows international best practice by adopting the UNCITRAL Model Law on International Commercial Arbitration (hereinafter, UML) as the basis of its modern legislation, the Arbitration Act 2005. Malaysian courts are also seen to adopt a positive ‘pro-enforcement’ attitude in the application to recognise and enforce foreign arbitral awards, in promoting maximum enforcement of awards as promoted by the NYC 1958 and the UML.

International Commercial Arbitration

2019 ◽  
pp. 582-598
Author(s):  
Corinne Montineri
Keyword(s):  
New York ◽  
United Nations ◽  
Dispute Settlement ◽  
Successful Implementation ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Trade Law ◽  
International Trade Law ◽  
Settlement Agreements ◽  
The United Nations

Arbitration has long been deeply rooted in the ideals of a universal organization, going back to the Covenant of the League of Nations. The United Nations has contributed to the development of international commercial arbitration over the past decades. The United Nations Commission on International Trade Law (UNCITRAL) has promoted and developed various legal instruments in international commercial arbitration. Noteworthy, two conventions have been adopted by the United Nations: the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency. This chapter provides a cross-cutting thematic analysis of the genesis, procedural history, and implementation of the two conventions. It further provides an assessment of whether they have been successful, and of the challenges that continue to be faced in their successful implementation. The chapter also briefly provides insights on the way forward, in light of the convention on international settlement agreements resulting from mediation finalized by UNCITRAL at its 51st session, in 2018, and the work undertaken by UNCITRAL on possible reform of the investor-state dispute settlement regime.

scholarly journals The Singapore Convention on Mediation—A Brighter Future for Asian Dispute Resolution

2019 ◽  
Vol 9 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Eunice CHUA
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
Critical Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Settlement Agreements ◽  
Recognition And Enforcement ◽  
Model Law ◽  
New York Convention ◽  
Brighter Future

AbstractOn 26 June 2018, the United Nations Commission on International Trade Law [UNCITRAL] approved, largely without modification, the final drafts of the Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) and amendments to the Model Law on International Commercial Mediation prepared by Working Group II. These instruments aim to promote the enforceability of international commercial settlement agreements reached through mediation in the same way that the New York Convention facilitates the recognition and enforcement of international arbitration awards. This paper provides a critical analysis of the Singapore Convention, and some commentary from an Asian perspective.

Intellectual Composition of Arbitral Tribunals According to the New Saudi Arbitration Law

2019 ◽  
Vol 33 (1) ◽  
pp. 99-108
Author(s):  
Reyadh Mohamed Seyadi
Keyword(s):  
Saudi Arabia ◽  
Significant Feature ◽  
Arbitral Tribunal ◽  
Legal Tradition ◽  
Kingdom Of Saudi Arabia ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
National Courts ◽  
Model Law ◽  
Law Degree

Abstract One significant feature of arbitration that distinguishes it from litigation in national courts, is the parties’ freedom to select the arbitrator or members of the arbitral tribunal familiar with the kind of dispute that might arise or already has arisen. In 2012, a new arbitration law was issued in the Kingdom of Saudi Arabia (KSA) inspired by the texts of the Model Law on International Commercial Arbitration. In all its provisions it included the requirement not to violate Sharīʿah law (Islamic legal tradition). However, according to this law, the sole arbitrator or presiding arbitrator must hold a Bachelor of Laws (LLB) or Sharīʿah law degree. This provision is mandatory, and the parties cannot agree otherwise. This article seeks to provide some thoughts on this restriction through an analysis of arbitrator qualifications under Sharīʿah law in order to provide a better understanding of the position adopted by the KSA Arbitration Law.

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