Marianne RothFrom: Practitioner's Handbook on International Commercial Arbitration (2nd Edition)
Edited By: Frank-Bernd Weigand
14.01 On 11 December 1985 the United Nations General Assembly (UNGA) adopted a resolution1 recommending all states to give due consideration to the Model Law on International Commercial Arbitration. This law was prepared by the United Nations Commission on International Trade Law (UNCITRAL) in only six years’ time and has been partially amended in 2006. The rationale behind the Model Law was that trading nations would benefit from having an international text as a basis for harmonizing national legislation in the field of international commercial arbitration....
Marianne RothFrom: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
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.