NCJ Number
100039
Journal
Arbitration International Volume: 1 Issue: 1 Dated: (April 1985) Pages: 6-39
Date Published
1985
Length
34 pages
Annotation
This article outlines the background, scope, provisions, and goals of the draft United Nations Commission on International Trade Law (UNCITRAL) on international commercial arbitration.
Abstract
Drafted in response to frustrations with mandatory provisions of national law and problems ensuing from nonmandatory or lacking provisions, UNCITRAL has four major objectives. These are improving and harmonizing national laws to facilitate arbitration, guaranteeing freedom of parties and the discretion of arbitrators, ensuring the functioning and fairness of the arbitral process, and providing statutory help through suppletive rules and clarifications. Its general provisions cover the right to object, court assistance and supervision, arbitration agreements and their recognition by courts, composition of the arbitral tribunal and appointment of arbitrators. Also covered are grounds and procedures for challenging an arbitrator and terminating mandate, jurisdiction of the tribunal, conduct or arbitral proceedings, and making the tribunal, conduct or arbitral proceedings, and making awards and terminating proceedings. Interest in the model law has been widespread, and hopes are high that acceptance also will be widespread. The draft text of the model law is appended. 30 footnotes.