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Friday, 8 April 2011

UNCITRAL - updated arbitration rules (2010)

The United Nations General Assembly (UNGA) is one of the five organs of United Nation, having the characteristic that it is the single organs where all member nations have equal representation.

On 17 December 1966 by the Resolution 2205 (XXI), The UNGA has established the United Nations Commission on International Trade Law (UNCITRAL), having the goal to create international rules for a unification of the international trade law.

In 2010, the UNCITRAL arbitration rules have been revised on the following sections:

  • Section I: Introductory Rules – Contains: Scope of application, Notice and calculation of periods of time, Notice of arbitration, Response to the notice of arbitration, Representation and assistance, Designating and appointing authorities.
  • Section II: Composition of the Arbitral tribunal – Contains: Number of arbitrators, Appointment of arbitrators, Disclosures by and challenge of arbitrators, Replacement of an arbitrator, Repetition of hearings in the event of the replacement of an arbitrator, Exclusion of liability.
  • Section III: Arbitral proceedings – Contains: General provisions, Place of arbitration, Language, Statement of claim, Statement of defence, Amendments to the claim or defence, Pleas as to the jurisdiction of the arbitral tribunal, Further written statements, Periods of time, Interim measures, Evidence etc.
  • Section IV: The award – Contains: Decisions, Form and effect of the award, Applicable law, Settlement or other grounds for termination, Interpretation of the award, Correction of the award, Additional award etc.
The UNCITRAL updated arbitration rules were adopted on June 25th 2010 and came into force on August 15th 2010. If you are interested to read the revised 2010 rules, you may find them here.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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