parties no longer have to agree in writing that the UNCITRAL
rules will be those adopted in the course of arbitration.
The question arises whether the UNCITRAL
Model Law and the New York Convention contradict the rule adopted in jurisdictions such as England where, in cases in which the parties have specified the law governing the contract, this law also governs the arbitration agreement unless otherwise specified.
t]he principle of party autonomy in draft article 3, which is also contained in other UNCITRAL
instruments, such as in article 6 of the United Nations Sales Convention, should not be understood as allowing the parties to go as far as relaxing statutory requirements on signature in favour of methods of authentication that provide a lesser degree of reliability than electronic signatures.
In 2008, Rwanda enacted arbitration legislation based on the UNCITRAL
Model Law and in 2012 the Kigali International Arbitration Centre (KIAC) was established, aiming to attract arbitration opportunities from countries in East Africa and beyond.
While some UNCITRAL
arbitrations are administered by institutions such as the PCA, many UNCITRAL
arbitrations are completely ad hoc and unrelated to any arbitral institution.
This dispute was brought in UNCITRAL
under the Ecuador-United
See United Nations, UNCITRAL
Model Law on Int'l Commercial Conciliation with Guide to Enactment & Use 11 (2004), available at http://www.
First, textual determinacy is established in federal 42 and most provincial and territorial legislation (43) implementing the UNCITRAL
Model Law on International Commercial Arbitration (Model Law), (44) which confers jurisdiction on the courts to review NAFTA Chapter eleven arbitral awards.
Because the UNCITRAL
Recommendation is suggestive rather than mandatory, it need not be applied by national courts.
Indeed, even this new Arbitration Law is primarily derived from the UNCITRAL
Rules, so we must educate the rest of the world as to why contract disputes subject to arbitration must comply with the Shariah.
Appendices detail the IBA rules, the UNCITRAL
arbitration rules of 2010, the Hwang model procedural order on confidentiality, and an example of a confidentiality undertaking.
The workshop was administered by David Curry and Thomas Jersild who addressed arbitration clauses and different procedural rules, such as the ICC rules of arbitration and the UNCITRAL
rules of arbitration, as well as settlement of dispute mechanism under the US-Oman Free Trade Agreement.