For information only - not an official document
29 June 2010
Revised UNCITRAL Arbitration Rules Adopted
VIENNA, 29 June (UN Information Service) - On 25 June 2010, the United Nations Commission on International Trade Law adopted the revised UNCITRAL Arbitration Rules.
The original UNCITRAL Arbitration Rules were adopted in 1976 and have been used for the settlement of a broad range of disputes, including disputes between private commercial parties where no arbitral institution is involved, investor-State disputes, State-to-State disputes and commercial disputes administered by arbitral institutions. They are recognized as of one of the most successful international instruments of a contractual nature in the field of arbitration.
In 2006, the Commission decided that the UNCITRAL Arbitration Rules should be revised, to meet changes in arbitral practice over the last thirty years. The revision is aimed at enhancing the efficiency of arbitration under the Rules and does not alter the original structure of the text, its spirit or drafting style. Mandated by the Commission to prepare that revision, the UNCITRAL Working Group on International Arbitration worked in close cooperation with interested inter-governmental and non-governmental organizations over eight sessions, from September 2006 to February 2010.
The UNCITRAL Arbitration Rules, as revised, will be effective as of 15 August 2010. They include more provisions dealing with, amongst others, multiple parties arbitration and joinder, liability, and a procedure to object to experts appointed by the arbitral tribunal. A number of innovative features contained in the Rules aim to enhance procedural efficiency, including revised procedures for the replacement of an arbitrator, the requirement for reasonableness of costs and a review mechanism regarding the costs of arbitration. They also include more detailed provisions on interim measures. It is expected that the Rules, as revised, will continue to contribute to the development of harmonious international economic relations.
With respect to future work, the Commission confirmed that the Working Group should commence work on the question of transparency in treaty-based investor-State dispute settlement.
The United Nations Commission on International Trade Law (UNCITRAL) is the core legal body of the United Nations system in the field of international trade law. Its mandate is to remove legal obstacles to international trade by progressively modernizing and harmonizing trade law. It prepares legal texts in a number of key areas such as international commercial dispute settlement, electronic commerce, insolvency, international payments, sale of goods, transport law, procurement and infrastructure development. UNCITRAL also provides technical assistance to law reform activities, including assisting Member States to review and assess their law reform needs and to draft the legislation required to implement UNCITRAL texts. The UNCITRAL Secretariat is located in Vienna, Austria, and maintains a website at www.uncitral.org .
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