Unboring the Law with Lex Animata
United Nations Commission On International Trade Law
Overview of the UNCITRAL Arbitration rules 2010: The introductory rules, Composition of the arbitral tribunal, proceedings, and the award.
This animated short video explains, in a nutshell, the content of the Uncitral Arbitration Rules 2010 by quickly giving an overview of the 4 sections and the 42 articles.
The UNCITRAL Arbitration Rules are the procedural provisions chosen by the parties,
to conduct the resolution of existing or future disputes, and they are mainly used in ad hoc, as well as administered arbitration.
The rules serve as an international benchmark, used directly by the disputing parties,
In contrast to the Model Law, which lawmakers use, to draft arbitration laws.
Disputing parties refer to the UNCITRAL Rules, in their arbitration agreement,
TO resolve a broad range of disputes, like Commercial contracts, investor-state disputes, and State-to-state disputes.
The rules contain 42 articles, and are divided into four sections as follows:
Introductory rules, Composition of the arbitral tribunal, Arbitral proceedings And the award.
This first Introductory section addresses issues like:
The Scope of application of the uncitral arbitration rules, Calculation of Periods of Time,
The Notice Initiating Arbitration and the Response, And the party’s right to representation, or assistance during the arbitration.
On the other hand, the second section deals with the composition of the tribunal, in terms of the process by which the arbitrator or arbitrators are appointed, and the number of arbitrators, whether a sole arbitrator or a panel of three, in addition to the replacement and removal of the arbitrator.
The third section sets out the proceedings of the arbitration, By covering issues like:
how to object to the tribunal’s jurisdiction.
Where the arbitration takes place? What language to be used during the arbitration?
Written pleadings, in terms of exchange and time limits submission, the arrangement and conduct of the hearings, and the presentation of evidence, to prove the relevant facts, including witnesses and experts.
The rules also cover the arbitrator’s power, to order temporary measures, to preserve the parties' rights, during the pendency of the proceedings.
Lastly, The last section covers how a tribunal’s decision is made, By tackling issues like:
THE DELIBERATIONS AND DECISIONS ISSUED BY THE TRIBUNAL
tHE FORM AND EFFECT OF THE AWARD,
Amicable Settlement, and other Grounds for Termination.
The tribunal post-award authority to interpret, correct, and amend an award, if necessary.
The fourth section also covers the arbitral tribunal costs, including the arbitrators’ remuneration and expenses, and any administrative fees.
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