The UNCITRAL Arbitration Rules contain a comprehensive set of procedural rules on which the parties can agree on the basis of the conduct of arbitration proceedings arising from their business relationship and are often used in ad hoc arbitration as well as in administrative arbitration. The rules cover all aspects of arbitration and include a model arbitration clause, establish rules of procedure for the appointment of arbitrators and the conduct of arbitration, and establish rules regarding the form, effect and interpretation of the award. There are currently three different versions of the Arbitration Rules: (i) the 1976 version; (ii) the 2010 revised version; and (iii) the 2013 version containing the UNCITRAL Rules on Transparency for Contract-Based Investor-State Arbitration. “The UNCITRAL Arbitration Rules: a comment by Caron, Pellonpaa and Caplan is already on my shelf. Their approach is long overdue: rule by rule (in pragmatic rather than numerical order), they present commentary based on provisional history, the groundbreaking jurisprudence of the Iran-U.S. Claims Tribunal, and the “flourishing practice” of CHAPTER 11 of NAFTA and other tribunals, followed by extenso excerpts from all important decisions. This book will spare international arbitration practitioners (even those of us who deserve our stripes at the Iran-UNITED States Claims Tribunal) countless hours of meticulous research and precedent-setting of the UNCITRAL rule. This book “Dual Function of Analysis and Access” will undoubtedly lead to a more reliable selection of UNCITRAL rules. Lucy Reed, Partner Freshfields Bruckhaus Deringer (NY) and former U.S. Agent of the Iran-U.S. Claims Tribunal “The UNCITRAL Arbitration Rules are often used as the basis for ad hoc and institutional arbitration, particularly by the Iran-U.S. Claims Tribunal and NAFTA tribunals. This work is, as they say, a point of order and extremely valuable. But it is much more than that, because it offers a compendium of practice according to the Rules of Procedure with useful extracts of decisions, reported and unreported, all presented systematically and in an accessible way.
It immediately became the standard work on its subject and an integral part of the library of any arbitral lawyer. James Crawford, Whewell Professor of International Law, University of Cambridge The second edition of this commentary goes beyond the secrecy so often done in arbitration and clearly and fully explains the functioning of the UNCITRAL Arbitration Rules, the use of which was recommended by the United Nations in 1976. This new edition takes full account of the revised rules adopted in 2010, while continuing to cover the original rules where they remain relevant. The differences between the old and the new regulations are clearly identified and explained. By bringing together hard-to-obtain sources from the Iran-United States Claims Tribunal, chapter 11 arbitration of the North American Free Trade Agreement and ad hoc arbitration, it highlights the form that UNCITRAL rules take in practice. The authors convincingly criticize this practice in light of the negotiating history of the rules and solutions adopted by other major private arbitration rules. To support the specialist in this field, the practice of these different dishes is extracted and reproduced in detail. This text, rich in analysis and sources, is indispensable for those who work or study in international arbitration. The UNCITRAL Arbitration Rules were originally adopted in 1976 and have been used to resolve a wide range of disputes, including disputes between private commercial parties in which no arbitration institution is involved, investor-state disputes, state-to-state disputes and commercial disputes administered by arbitration institutions. In 2006, the Commission decided to revise the UNCITRAL Arbitration Rules to reflect developments in arbitration practice over the past thirty years.
The revision was intended to improve the effectiveness of arbitration under the Rules of Procedure without altering the original structure of the text, its spirit or its design style. This title is available as an e-book. To purchase, visit your favorite e-book provider. Review(s) of the previous issue “No one involved in international arbitration can afford it without being this comment. This commentary, the work of three former legal assistants of the Iran-United States Claims Tribunal (each of whom has since ascended to important public functions in the field), comprehensively analyzes each article of the rules, provides a relevant negotiating history as well as a summary of all known decisions that interpret it, and conveniently contains generous excerpts from these judgments, so that one spares oneself the need to: to hunt the original. Inevitably, this plethora of enlightened precedents is also relevant to other arbitrations. Hence my advice: don`t arbitrate without them! – Judge Charles N. Brower, 20 Essex Street Chambers, Iran-U.S. Claims Tribunal Judge Marsha A.
Freeman, Christine Chinkin and Beate Rudolf. By Katherine Marshall In April 2013, OUP attended the annual conference of the American Society of International Law in Washington DC. Now it`s the turn of the company`s European counterpart, the European Society of International Law (ESIL). The UNCITRAL Arbitration Rules (as revised in 2010) have been in force since 15 August 2010. These include provisions relating to, inter alia, arbitration and multi-party association, liability and a procedure for rejecting experts appointed by the arbitral tribunal. A number of innovative features of the Rules of Procedure are intended to improve the efficiency of the procedure, including revised procedures to replace an arbitrator, the requirement of reasonableness of costs and a review mechanism with respect to the costs of arbitration. They also contain more detailed provisions on interim measures. With the adoption of the UNCITRAL Rules on Transparency in Contract-Based Investor-State Arbitration (the “Transparency Rules”) in 2013, a new article 1, paragraph 4, was added to the text of the Arbitration Rules (as revised in 2010) to incorporate the transparency rules for arbitration proceedings initiated under an investment agreement concluded on or after 1 April 2014. The new paragraph provides the greatest possible clarity regarding the application of prudential rules to investor-State arbitration proceedings initiated under the UNCITRAL Arbitration Rules.