UNCITRAL Model Law on Arbitration explained in a nutshell | Lex Animata | Hesham Elrafei скачать в хорошем качестве

UNCITRAL Model Law on Arbitration explained in a nutshell | Lex Animata | Hesham Elrafei

The Uncitral Model Law on Arbitration, is an international legal framework that provides a set of provisions on international commercial arbitration conduct and management. It is one of the three pillars of arbitration created by the UN, to assist countries with different legal systems in harmonizing their arbitration laws. As the model law is not a treaty, governments are free to copy or modify it, and over 70 jurisdictions have already used it. The model law consists of 36 articles, divided into nine chapters, covering all stages of the arbitration, from the limitation of court intervention to the recognition and enforcement of the award, by balancing between the parties freedom to choose their own procedure, and the need to provide default rules to fill potential gaps. The first introductory chapter explains the model law's scope of application, the main terms and definitions, when arbitration is considered international, when written communication is received, Waiver of the right to object, and which court or authority can assist and supervise if needed. Chapter 2 discusses the Arbitration agreement, in terms of its form and content. Chapter 3 describes the composition of the arbitral tribunal , like the number of arbitrators, their appointment, how to replace or terminate one, and when it is possible to challenge his mandate. Chapter 4 discusses the tribunal's jurisdiction and Competence to Decide on its Own Jurisdiction, as well as the separability of the arbitration clause from the mother contract. Chapter 5 addresses the tribunal's and court's authority, to order TEMPORARY measures, to maintain the status quo until a final award is made. Chapter 6 discusses the conduct of the proceedings, such as the parties' right to be treated equally, when the arbitration begins, what language will be used , what rules govern the procedure, where the arbitration takes place, and whether or not there will be a hearing, in addition to the exchange of pleadings between the parties, and the tribunal's power to proceed with the arbitration whenever a party is uncooperative, and its power to ask the court for help in taking evidence, or to appoint an expert to provide his opinion on a technical matter. Chapter 7 Explains how an award is made , Like what are the rules applicable to the dispute's subject matter, the majority of votes required to take a decision by the arbitrators , The settlement of the dispute during the proceedings, What to include in the content of an award, like the writing and signature and place of arbitration , when is it possible to amend , correct or clarify an award, And When the arbitration comes to an end. Chapter 8 deals with when it is possible to ask the court to set aside an award, and the grounds for that challenge. And lastly, chapter 9 deals with recognizing and enforcing an award and the available grounds to challenge that enforcement.