Publication
title
35 Years After Their Adoption, UNCITRAL Arbitration Rules Are Revised
AUTHOR(S)
DATE
July 19, 2010
EXPERTISE
NEW UNCITRAL ARBITRATION RULES - The United Nations Commission on International Trade Law ("UNCITRAL") announced on July 12, 2010, the publication of revised arbitration rules. These new rules will replace the 1976 version and come into full force and effect on August 15, 2010.
The new UNCITRAL Arbitration Rules are the product of a four-year revision process spearheaded by the UNCITRAL Working Group II. Stephen L. Drymer, Co-Chair of Ogilvy Renault's International Arbitration team, was a member of Canada's delegation throughout this revision process.
Notably, modifications to the new UNCITRAL rules are intended to curb the time and cost of arbitration. Article 17 of the UNCITRAL Arbitration Rules, which originally bestowed very general powers on arbitrators to conduct proceedings as they wished so long as they were fair, now imposes a requirement on arbitrators "to avoid unnecessary delay and expense." The Rules' new Article 6 also provides a framework for parties to designate an appointing authority as soon as possible during the arbitration and improves the provisions for challenging and replacing arbitrators.
Innovations include a new Article 16 which effectively waives a party's right to bring court proceedings against the arbitrators, appointing authority or any person appointed by the arbitral tribunal for any act or omission in connection with the arbitration unless they committed "intentional wrongdoing." The revised rules also include a model "statement of independence" which arbitrators are encouraged to sign prior to appointment.
The revised UNCITRAL Arbitration Rules are currently available in English and French at http://www.uncitral.org/.
The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault LLP or any member of the firm on the points of law discussed.
Contacts
Rachel Bendayan
Montréal
514.847.4675
rbendayan@ogilvyrenault.com
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Stephen L. Drymer
Montréal
514.847.4606
sdrymer@ogilvyrenault.com
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Renée Thériault
Ottawa
613.780.1545
rtheriault@ogilvyrenault.com
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Alison G. FitzGerald
Ottawa
613.780.8667
afitzgerald@ogilvyrenault.com
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Orestes Pasparakis
Toronto
416.216.4815
opasparakis@ogilvyrenault.com
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