{"id":"uncitral-arbitration-model-law-2006","title":"UNCITRAL Model Law on International Commercial Arbitration","edition":"1985, amended 2006","publisher":"UNCITRAL","kind":"model-law","sourceUrl":"https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/07-86998_ebook.pdf","landingUrl":"https://uncitral.un.org/en/texts/arbitration/modellaw/commercial_arbitration","scope":"A legislative model for the arbitral process and court supervision. Consult the actual enactment at the chosen seat; both alternatives for Article 7 are retained in this edition.","language":"en","retrievedAt":"2026-09-07","sourceSha256":"4b2c5a4f73407b9d873dedf574759db1eb1dca6cfe7a1375639bca4fd86ebda4","textSha256":"57810d435a9614a3bee32092b70ce232469b8e37dab4eafb3dcda5ec236bdf1d","articleCount":48,"status":"external-reference","rights":"Official legal text published by UNCITRAL; publisher terms apply. Peregrini's CC BY licence does not relicense this source.","extraction":"pdftotext -layout; operative pages only; page furniture removed; soft hyphens removed; printed article labels retained. Verify typography and footnotes against the linked publisher PDF.","sections":[{"id":"model-law","firstPdfPage":13,"lastPdfPage":34,"articleCount":48}],"pages":[{"pdfPage":13,"section":"model-law","text":"Part One\n\n             UNCITRAL Model Law on International\n                   Commercial Arbitration\n                         (United Nations documents A/40/17,\n                           annex I and A/61/17, annex I)\n\n          (As adopted by the United Nations Commission on\n              International Trade Law on 21 June 1985,\n          and as amended by the United Nations Commission\n             on International Trade Law on 7 July 2006)\n\n\n                        CHAPTER I. GENERAL PROVISIONS\n\n                              Article 1.       Scope of application1\n\n(1) This Law applies to international commercial2 arbitration, subject to\nany agreement in force between this State and any other State or States.\n\n(2) The provisions of this Law, except articles 8, 9, 17 H, 17 I, 17 J, 35\nand 36, apply only if the place of arbitration is in the territory of this\nState.\n  (Article 1(2) has been amended by the Commission at its thirty-ninth session, in 2006)\n\n(3) An arbitration is international if:\n     (a) the parties to an arbitration agreement have, at the time of the conclu-\nsion of that agreement, their places of business in different States; or\n\n         Article headings are for reference purposes only and are not to be used for purposes of\ninterpretation.\n         The term “commercial” should be given a wide interpretation so as to cover matters arising from\nall relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature\ninclude, but are not limited to, the following transactions: any trade transaction for the supply or exchange\nof goods or services; distribution agreement; commercial representation or agency; factoring; leasing;\nconstruction of works; consulting; engineering; licensing; investment; financing; banking; insurance;\nexploitation agreement or concession; joint venture and other forms of industrial or business cooperation;\ncarriage of goods or passengers by air, sea, rail or road."},{"pdfPage":14,"section":"model-law","text":"(b) one of the following places is situated outside the State in which\nthe parties have their places of business:\n          (i)     the place of arbitration if determined in, or pursuant to, the\n                  arbitration agreement;\n          (ii) any place where a substantial part of the obligations of the\n               commercial relationship is to be performed or the place with\n               which the subject-matter of the dispute is most closely con-\n               nected; or\n      (c) the parties have expressly agreed that the subject matter of the\narbitration agreement relates to more than one country.\n\n(4) For the purposes of paragraph (3) of this article:\n      (a) if a party has more than one place of business, the place of business\nis that which has the closest relationship to the arbitration agreement;\n    (b) if a party does not have a place of business, reference is to be\nmade to his habitual residence.\n\n(5) This Law shall not affect any other law of this State by virtue of which\ncertain disputes may not be submitted to arbitration or may be submitted to\narbitration only according to provisions other than those of this Law.\n\n\n\n                Article 2. Definitions and rules of interpretation\n\nFor the purposes of this Law:\n    (a) “arbitration” means any arbitration whether or not administered\nby a permanent arbitral institution;\n\n     (b) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;\n\n     (c) “court” means a body or organ of the judicial system of a State;\n\n     (d) where a provision of this Law, except article 28, leaves the parties\nfree to determine a certain issue, such freedom includes the right of the\nparties to authorize a third party, including an institution, to make that\ndetermination;\n\n     (e) where a provision of this Law refers to the fact that the parties\nhave agreed or that they may agree or in any other way refers to an agree-\nment of the parties, such agreement includes any arbitration rules referred\nto in that agreement;"},{"pdfPage":15,"section":"model-law","text":"(f) where a provision of this Law, other than in articles 25(a) and\n32(2) (a), refers to a claim, it also applies to a counter-claim, and where it\nrefers to a defence, it also applies to a defence to such counter-claim.\n\n\n            Article 2 A.     International origin and general principles\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n(1) In the interpretation of this Law, regard is to be had to its international\norigin and to the need to promote uniformity in its application and the\nobservance of good faith.\n\n(2) Questions concerning matters governed by this Law which are not\nexpressly settled in it are to be settled in conformity with the general\nprinciples on which this Law is based.\n\n\n                   Article 3. Receipt of written communications\n\n(1) Unless otherwise agreed by the parties:\n     (a) any written communication is deemed to have been received if it\nis delivered to the addressee personally or if it is delivered at his place of\nbusiness, habitual residence or mailing address; if none of these can be found\nafter making a reasonable inquiry, a written communication is deemed to\nhave been received if it is sent to the addressee’s last-known place of busi-\nness, habitual residence or mailing address by registered letter or any other\nmeans which provides a record of the attempt to deliver it;\n      (b) the communication is deemed to have been received on the day\nit is so delivered.\n\n(2) The provisions of this article do not apply to communications in court\nproceedings.\n\n\n                         Article 4. Waiver of right to object\n\nA party who knows that any provision of this Law from which the parties\nmay derogate or any requirement under the arbitration agreement has not\nbeen complied with and yet proceeds with the arbitration without stating his\nobjection to such non-compliance without undue delay or, if a time-limit is\nprovided therefor, within such period of time, shall be deemed to have\nwaived his right to object."},{"pdfPage":16,"section":"model-law","text":"Article 5.    Extent of court intervention\n\nIn matters governed by this Law, no court shall intervene except where so\nprovided in this Law.\n\n\n           Article 6. Court or other authority for certain functions\n                    of arbitration assistance and supervision\n\nThe functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2)\nshall be performed by ... [Each State enacting this model law specifies the\ncourt, courts or, where referred to therein, other authority competent to\nperform these functions.]\n\n\n\n\n                CHAPTER II. ARBITRATION AGREEMENT\n\nOption I\n\n           Article 7. Definition and form of arbitration agreement\n            (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n(1) “Arbitration agreement” is an agreement by the parties to submit to\narbitration all or certain disputes which have arisen or which may arise\nbetween them in respect of a defined legal relationship, whether contractual\nor not. An arbitration agreement may be in the form of an arbitration clause\nin a contract or in the form of a separate agreement.\n\n(2) The arbitration agreement shall be in writing.\n\n(3) An arbitration agreement is in writing if its content is recorded in any\nform, whether or not the arbitration agreement or contract has been con-\ncluded orally, by conduct, or by other means.\n\n(4) The requirement that an arbitration agreement be in writing is met by\nan electronic communication if the information contained therein is acces-\nsible so as to be useable for subsequent reference; “electronic communica-\ntion” means any communication that the parties make by means of data\nmessages; “data message” means information generated, sent, received or\nstored by electronic, magnetic, optical or similar means, including, but not"},{"pdfPage":17,"section":"model-law","text":"limited to, electronic data interchange (EDI), electronic mail, telegram, telex\nor telecopy.\n\n(5) Furthermore, an arbitration agreement is in writing if it is contained in\nan exchange of statements of claim and defence in which the existence of\nan agreement is alleged by one party and not denied by the other.\n\n(6) The reference in a contract to any document containing an arbitration\nclause constitutes an arbitration agreement in writing, provided that the ref-\nerence is such as to make that clause part of the contract.\n\n\n\nOption II\n\n                  Article 7. Definition of arbitration agreement\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n“Arbitration agreement” is an agreement by the parties to submit to arbitra-\ntion all or certain disputes which have arisen or which may arise\nbetween them in respect of a defined legal relationship, whether contractual\nor not.\n\n\n\n   Article 8. Arbitration agreement and substantive claim before court\n\n(1) A court before which an action is brought in a matter which is the\nsubject of an arbitration agreement shall, if a party so requests not later than\nwhen submitting his first statement on the substance of the dispute, refer\nthe parties to arbitration unless it finds that the agreement is null and void,\ninoperative or incapable of being performed.\n\n(2) Where an action referred to in paragraph (1) of this article has been\nbrought, arbitral proceedings may nevertheless be commenced or continued,\nand an award may be made, while the issue is pending before the court.\n\n\n\n      Article 9. Arbitration agreement and interim measures by court\n\nIt is not incompatible with an arbitration agreement for a party to request,\nbefore or during arbitral proceedings, from a court an interim measure of\nprotection and for a court to grant such measure."},{"pdfPage":18,"section":"model-law","text":"CHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL\n\n                       Article 10.     Number of arbitrators\n\n(1) The parties are free to determine the number of arbitrators.\n\n(2) Failing such determination, the number of arbitrators shall be three.\n\n\n                    Article 11. Appointment of arbitrators\n\n(1) No person shall be precluded by reason of his nationality from acting\nas an arbitrator, unless otherwise agreed by the parties.\n\n(2) The parties are free to agree on a procedure of appointing the arbitrator\nor arbitrators, subject to the provisions of paragraphs (4) and (5) of this\narticle.\n\n(3) Failing such agreement,\n      (a) in an arbitration with three arbitrators, each party shall appoint\none arbitrator, and the two arbitrators thus appointed shall appoint the third\narbitrator; if a party fails to appoint the arbitrator within thirty days of receipt\nof a request to do so from the other party, or if the two arbitrators fail to\nagree on the third arbitrator within thirty days of their appointment, the\nappointment shall be made, upon request of a party, by the court or other\nauthority specified in article 6;\n     (b) in an arbitration with a sole arbitrator, if the parties are unable to\nagree on the arbitrator, he shall be appointed, upon request of a party, by\nthe court or other authority specified in article 6.\n\n(4) Where, under an appointment procedure agreed upon by the parties,\n     (a) a party fails to act as required under such procedure, or\n    (b) the parties, or two arbitrators, are unable to reach an agreement\nexpected of them under such procedure, or\n     (c) a third party, including an institution, fails to perform any function\nentrusted to it under such procedure,\nany party may request the court or other authority specified in article 6 to\ntake the necessary measure, unless the agreement on the appointment pro-\ncedure provides other means for securing the appointment.\n\n(5) A decision on a matter entrusted by paragraph (3) or (4) of this article\nto the court or other authority specified in article 6 shall be subject to no"},{"pdfPage":19,"section":"model-law","text":"appeal. The court or other authority, in appointing an arbitrator, shall have\ndue regard to any qualifications required of the arbitrator by the agreement\nof the parties and to such considerations as are likely to secure the appoint-\nment of an independent and impartial arbitrator and, in the case of a sole\nor third arbitrator, shall take into account as well the advisability of appoint-\ning an arbitrator of a nationality other than those of the parties.\n\n\n                         Article 12.     Grounds for challenge\n\n(1) When a person is approached in connection with his possible appoint-\nment as an arbitrator, he shall disclose any circumstances likely to give rise\nto justifiable doubts as to his impartiality or independence. An arbitrator,\nfrom the time of his appointment and throughout the arbitral proceedings,\nshall without delay disclose any such circumstances to the parties unless\nthey have already been informed of them by him.\n\n(2) An arbitrator may be challenged only if circumstances exist that give rise\nto justifiable doubts as to his impartiality or independence, or if he does not\npossess qualifications agreed to by the parties. A party may challenge an arbitra-\ntor appointed by him, or in whose appointment he has participated, only for\nreasons of which he becomes aware after the appointment has been made.\n\n\n                          Article 13. Challenge procedure\n\n(1) The parties are free to agree on a procedure for challenging an arbitra-\ntor, subject to the provisions of paragraph (3) of this article.\n\n(2) Failing such agreement, a party who intends to challenge an arbitrator\nshall, within fifteen days after becoming aware of the constitution of the\narbitral tribunal or after becoming aware of any circumstance referred to in\narticle 12(2), send a written statement of the reasons for the challenge to\nthe arbitral tribunal. Unless the challenged arbitrator withdraws from his\noffice or the other party agrees to the challenge, the arbitral tribunal shall\ndecide on the challenge.\n\n(3) If a challenge under any procedure agreed upon by the parties or under\nthe procedure of paragraph (2) of this article is not successful, the challeng-\ning party may request, within thirty days after having received notice of the\ndecision rejecting the challenge, the court or other authority specified in\narticle 6 to decide on the challenge, which decision shall be subject to no\nappeal; while such a request is pending, the arbitral tribunal, including the\nchallenged arbitrator, may continue the arbitral proceedings and make an award."},{"pdfPage":20,"section":"model-law","text":"Article 14.     Failure or impossibility to act\n\n(1) If an arbitrator becomes de jure or de facto unable to perform his func-\ntions or for other reasons fails to act without undue delay, his mandate\nterminates if he withdraws from his office or if the parties agree on the\ntermination. Otherwise, if a controversy remains concerning any of these\ngrounds, any party may request the court or other authority specified in\narticle 6 to decide on the termination of the mandate, which decision shall\nbe subject to no appeal.\n\n(2) If, under this article or article 13(2), an arbitrator withdraws from his\noffice or a party agrees to the termination of the mandate of an arbitrator,\nthis does not imply acceptance of the validity of any ground referred to in\nthis article or article 12(2).\n\n\n                Article 15. Appointment of substitute arbitrator\n\nWhere the mandate of an arbitrator terminates under article 13 or 14 or\nbecause of his withdrawal from office for any other reason or because of\nthe revocation of his mandate by agreement of the parties or in any other\ncase of termination of his mandate, a substitute arbitrator shall be appointed\naccording to the rules that were applicable to the appointment of the arbitra-\ntor being replaced.\n\n\n\n\n       CHAPTER IV.          JURISDICTION OF ARBITRAL TRIBUNAL\n\n    Article 16. Competence of arbitral tribunal to rule on its jurisdiction\n\n(1) The arbitral tribunal may rule on its own jurisdiction, including any\nobjections with respect to the existence or validity of the arbitration agree-\nment. For that purpose, an arbitration clause which forms part of a contract\nshall be treated as an agreement independent of the other terms of the con-\ntract. A decision by the arbitral tribunal that the contract is null and void\nshall not entail ipso jure the invalidity of the arbitration clause.\n\n(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised\nnot later than the submission of the statement of defence. A party is not\nprecluded from raising such a plea by the fact that he has appointed, or\nparticipated in the appointment of, an arbitrator. A plea that the arbitral tri-\nbunal is exceeding the scope of its authority shall be raised as soon as the"},{"pdfPage":21,"section":"model-law","text":"matter alleged to be beyond the scope of its authority is raised during the\narbitral proceedings. The arbitral tribunal may, in either case, admit a later\nplea if it considers the delay justified.\n\n(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of\nthis article either as a preliminary question or in an award on the merits. If\nthe arbitral tribunal rules as a preliminary question that it has jurisdiction,\nany party may request, within thirty days after having received notice of\nthat ruling, the court specified in article 6 to decide the matter, which deci-\nsion shall be subject to no appeal; while such a request is pending, the\narbitral tribunal may continue the arbitral proceedings and make an award.\n\n\n\n\n                    CHAPTER IV A. INTERIM MEASURES\n                       AND PRELIMINARY ORDERS\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n                            Section 1. Interim measures\n\n      Article 17.     Power of arbitral tribunal to order interim measures\n\n(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the\nrequest of a party, grant interim measures.\n\n(2) An interim measure is any temporary measure, whether in the form of\nan award or in another form, by which, at any time prior to the issuance of\nthe award by which the dispute is finally decided, the arbitral tribunal orders\na party to:\n     (a) Maintain or restore the status quo pending determination of the\ndispute;\n      (b) Take action that would prevent, or refrain from taking action that\nis likely to cause, current or imminent harm or prejudice to the arbitral\nprocess itself;\n    (c) Provide a means of preserving assets out of which a subsequent\naward may be satisfied; or\n     (d) Preserve evidence that may be relevant and material to the resolu-\ntion of the dispute."},{"pdfPage":22,"section":"model-law","text":"Article 17 A.     Conditions for granting interim measures\n\n(1) The party requesting an interim measure under article 17(2)(a), (b) and\n(c) shall satisfy the arbitral tribunal that:\n     (a) Harm not adequately reparable by an award of damages is likely\nto result if the measure is not ordered, and such harm substantially outweighs\nthe harm that is likely to result to the party against whom the measure is\ndirected if the measure is granted; and\n     (b) There is a reasonable possibility that the requesting party will\nsucceed on the merits of the claim. The determination on this possibility\nshall not affect the discretion of the arbitral tribunal in making any subse-\nquent determination.\n\n(2) With regard to a request for an interim measure under article 17(2)(d),\nthe requirements in paragraphs (1)(a) and (b) of this article shall apply only\nto the extent the arbitral tribunal considers appropriate.\n\n\n\n                         Section 2.     Preliminary orders\n\n           Article 17 B. Applications for preliminary orders and\n                  conditions for granting preliminary orders\n\n(1) Unless otherwise agreed by the parties, a party may, without notice to\nany other party, make a request for an interim measure together with an\napplication for a preliminary order directing a party not to frustrate the\npurpose of the interim measure requested.\n\n(2) The arbitral tribunal may grant a preliminary order provided it considers\nthat prior disclosure of the request for the interim measure to the party\nagainst whom it is directed risks frustrating the purpose of the measure.\n\n(3) The conditions defined under article 17A apply to any preliminary\norder, provided that the harm to be assessed under article 17A(1)(a), is the\nharm likely to result from the order being granted or not.\n\n\n           Article 17 C.      Specific regime for preliminary orders\n\n(1) Immediately after the arbitral tribunal has made a determination in\nrespect of an application for a preliminary order, the arbitral tribunal shall give\nnotice to all parties of the request for the interim measure, the application for"},{"pdfPage":23,"section":"model-law","text":"the preliminary order, the preliminary order, if any, and all other communi-\ncations, including by indicating the content of any oral communication, be-\ntween any party and the arbitral tribunal in relation thereto.\n\n(2) At the same time, the arbitral tribunal shall give an opportunity to any\nparty against whom a preliminary order is directed to present its case at the\nearliest practicable time.\n\n(3) The arbitral tribunal shall decide promptly on any objection to the\npreliminary order.\n\n(4) A preliminary order shall expire after twenty days from the date on\nwhich it was issued by the arbitral tribunal. However, the arbitral tribunal\nmay issue an interim measure adopting or modifying the preliminary order,\nafter the party against whom the preliminary order is directed has been given\nnotice and an opportunity to present its case.\n\n(5) A preliminary order shall be binding on the parties but shall not be\nsubject to enforcement by a court. Such a preliminary order does not con-\nstitute an award.\n\n\n\n\n             Section 3. Provisions applicable to interim measures\n                           and preliminary orders\n\n              Article 17 D. Modification, suspension, termination\n\n      The arbitral tribunal may modify, suspend or terminate an interim\nmeasure or a preliminary order it has granted, upon application of any party\nor, in exceptional circumstances and upon prior notice to the parties, on the\narbitral tribunal’s own initiative.\n\n\n                         Article 17 E. Provision of security\n\n(1) The arbitral tribunal may require the party requesting an interim\nmeasure to provide appropriate security in connection with the measure.\n\n(2) The arbitral tribunal shall require the party applying for a preliminary\norder to provide security in connection with the order unless the arbitral\ntribunal considers it inappropriate or unnecessary to do so."},{"pdfPage":24,"section":"model-law","text":"Article 17 F.      Disclosure\n\n(1) The arbitral tribunal may require any party promptly to disclose any\nmaterial change in the circumstances on the basis of which the measure was\nrequested or granted.\n\n(2) The party applying for a preliminary order shall disclose to the arbitral\ntribunal all circumstances that are likely to be relevant to the arbitral tribu-\nnal’s determination whether to grant or maintain the order, and such obliga-\ntion shall continue until the party against whom the order has been requested\nhas had an opportunity to present its case. Thereafter, paragraph (1) of this\narticle shall apply.\n\n\n                       Article 17 G.      Costs and damages\n\n      The party requesting an interim measure or applying for a preliminary\norder shall be liable for any costs and damages caused by the measure or\nthe order to any party if the arbitral tribunal later determines that, in the\ncircumstances, the measure or the order should not have been granted. The\narbitral tribunal may award such costs and damages at any point during the\nproceedings.\n\n\n\n\n     Section 4.     Recognition and enforcement of interim measures\n\n                 Article 17 H. Recognition and enforcement\n\n(1) An interim measure issued by an arbitral tribunal shall be recognized\nas binding and, unless otherwise provided by the arbitral tribunal, enforced\nupon application to the competent court, irrespective of the country in which\nit was issued, subject to the provisions of article 17 I.\n\n(2) The party who is seeking or has obtained recognition or enforcement\nof an interim measure shall promptly inform the court of any termination,\nsuspension or modification of that interim measure.\n\n(3) The court of the State where recognition or enforcement is sought may,\nif it considers it proper, order the requesting party to provide appropriate\nsecurity if the arbitral tribunal has not already made a determination with\nrespect to security or where such a decision is necessary to protect the rights\nof third parties."},{"pdfPage":25,"section":"model-law","text":"Article 17 I. Grounds for refusing recognition or enforcement3\n\n(1) Recognition or enforcement of an interim measure may be refused\nonly:\n     (a) At the request of the party against whom it is invoked if the court\nis satisfied that:\n              (i)     Such refusal is warranted on the grounds set forth in arti-\n                      cle 36(1)(a)(i), (ii), (iii) or (iv); or\n              (ii)    The arbitral tribunal’s decision with respect to the provision\n                      of security in connection with the interim measure issued\n                      by the arbitral tribunal has not been complied with; or\n              (iii) The interim measure has been terminated or suspended by\n                    the arbitral tribunal or, where so empowered, by the court\n                    of the State in which the arbitration takes place or under\n                    the law of which that interim measure was granted; or\n      (b) If the court finds that:\n              (i)     The interim measure is incompatible with the powers con-\n                      ferred upon the court unless the court decides to reformulate\n                      the interim measure to the extent necessary to adapt it to its\n                      own powers and procedures for the purposes of enforcing that\n                      interim measure and without modifying its substance; or\n              (ii)    Any of the grounds set forth in article 36(1)(b)(i) or (ii),\n                      apply to the recognition and enforcement of the interim\n                      measure.\n\n(2) Any determination made by the court on any ground in paragraph (1)\nof this article shall be effective only for the purposes of the application to\nrecognize and enforce the interim measure. The court where recognition or\nenforcement is sought shall not, in making that determination, undertake a\nreview of the substance of the interim measure.\n\n\n                     Section 5. Court-ordered interim measures\n\n                     Article 17 J.       Court-ordered interim measures\n\n      A court shall have the same power of issuing an interim measure in\nrelation to arbitration proceedings, irrespective of whether their place is in\n        The conditions set forth in article 17 I are intended to limit the number of circumstances in which\nthe court may refuse to enforce an interim measure. It would not be contrary to the level of harmoniza-\ntion sought to be achieved by these model provisions if a State were to adopt fewer circumstances in\nwhich enforcement may be refused."},{"pdfPage":26,"section":"model-law","text":"the territory of this State, as it has in relation to proceedings in courts. The\ncourt shall exercise such power in accordance with its own procedures in\nconsideration of the specific features of international arbitration.\n\n\n      CHAPTER V.          CONDUCT OF ARBITRAL PROCEEDINGS\n\n                    Article 18. Equal treatment of parties\n\nThe parties shall be treated with equality and each party shall be given a\nfull opportunity of presenting his case.\n\n\n              Article 19. Determination of rules of procedure\n\n(1) Subject to the provisions of this Law, the parties are free to agree on the\nprocedure to be followed by the arbitral tribunal in conducting the proceedings.\n\n(2) Failing such agreement, the arbitral tribunal may, subject to the provi-\nsions of this Law, conduct the arbitration in such manner as it considers\nappropriate. The power conferred upon the arbitral tribunal includes the\npower to determine the admissibility, relevance, materiality and weight of\nany evidence.\n\n\n                        Article 20. Place of arbitration\n\n(1) The parties are free to agree on the place of arbitration. Failing such\nagreement, the place of arbitration shall be determined by the arbitral tribunal\nhaving regard to the circumstances of the case, including the convenience\nof the parties.\n\n(2) Notwithstanding the provisions of paragraph (1) of this article, the arbi-\ntral tribunal may, unless otherwise agreed by the parties, meet at any place\nit considers appropriate for consultation among its members, for hearing\nwitnesses, experts or the parties, or for inspection of goods, other property\nor documents.\n\n\n            Article 21.     Commencement of arbitral proceedings\n\nUnless otherwise agreed by the parties, the arbitral proceedings in respect\nof a particular dispute commence on the date on which a request for that\ndispute to be referred to arbitration is received by the respondent."},{"pdfPage":27,"section":"model-law","text":"Article 22.     Language\n\n(1) The parties are free to agree on the language or languages to be used\nin the arbitral proceedings. Failing such agreement, the arbitral tribunal shall\ndetermine the language or languages to be used in the proceedings. This\nagreement or determination, unless otherwise specified therein, shall apply\nto any written statement by a party, any hearing and any award, decision or\nother communication by the arbitral tribunal.\n\n(2) The arbitral tribunal may order that any documentary evidence shall be\naccompanied by a translation into the language or languages agreed upon\nby the parties or determined by the arbitral tribunal.\n\n\n                   Article 23. Statements of claim and defence\n\n(1) Within the period of time agreed by the parties or determined by the\narbitral tribunal, the claimant shall state the facts supporting his claim, the\npoints at issue and the relief or remedy sought, and the respondent shall\nstate his defence in respect of these particulars, unless the parties have other-\nwise agreed as to the required elements of such statements. The parties may\nsubmit with their statements all documents they consider to be relevant\nor may add a reference to the documents or other evidence they will\nsubmit.\n\n(2) Unless otherwise agreed by the parties, either party may amend or\nsupplement his claim or defence during the course of the arbitral proceed-\nings, unless the arbitral tribunal considers it inappropriate to allow such\namendment having regard to the delay in making it.\n\n\n                  Article 24.     Hearings and written proceedings\n\n(1) Subject to any contrary agreement by the parties, the arbitral tribunal\nshall decide whether to hold oral hearings for the presentation of evidence\nor for oral argument, or whether the proceedings shall be conducted on the\nbasis of documents and other materials. However, unless the parties have\nagreed that no hearings shall be held, the arbitral tribunal shall hold such\nhearings at an appropriate stage of the proceedings, if so requested by a\nparty.\n\n(2) The parties shall be given sufficient advance notice of any hearing and\nof any meeting of the arbitral tribunal for the purposes of inspection of\ngoods, other property or documents."},{"pdfPage":28,"section":"model-law","text":"(3) All statements, documents or other information supplied to the arbitral\ntribunal by one party shall be communicated to the other party. Also any\nexpert report or evidentiary document on which the arbitral tribunal may\nrely in making its decision shall be communicated to the parties.\n\n\n                         Article 25. Default of a party\n\nUnless otherwise agreed by the parties, if, without showing sufficient\ncause,\n     (a) the claimant fails to communicate his statement of claim in\naccordance with article 23(1), the arbitral tribunal shall terminate the\nproceedings;\n     (b) the respondent fails to communicate his statement of defence in\naccordance with article 23(1), the arbitral tribunal shall continue the proceed-\nings without treating such failure in itself as an admission of the claimant’s\nallegations;\n     (c) any party fails to appear at a hearing or to produce documentary\nevidence, the arbitral tribunal may continue the proceedings and make the\naward on the evidence before it.\n\n\n             Article 26. Expert appointed by arbitral tribunal\n\n(1) Unless otherwise agreed by the parties, the arbitral tribunal\n     (a) may appoint one or more experts to report to it on specific issues\nto be determined by the arbitral tribunal;\n     (b) may require a party to give the expert any relevant information or\nto produce, or to provide access to, any relevant documents, goods or other\nproperty for his inspection.\n\n(2) Unless otherwise agreed by the parties, if a party so requests or if the\narbitral tribunal considers it necessary, the expert shall, after delivery of his\nwritten or oral report, participate in a hearing where the parties have the\nopportunity to put questions to him and to present expert witnesses in order\nto testify on the points at issue.\n\n\n              Article 27.     Court assistance in taking evidence\n\nThe arbitral tribunal or a party with the approval of the arbitral tribunal may\nrequest from a competent court of this State assistance in taking evidence."},{"pdfPage":29,"section":"model-law","text":"The court may execute the request within its competence and according to\nits rules on taking evidence.\n\n\n                  CHAPTER VI. MAKING OF AWARD AND\n                     TERMINATION OF PROCEEDINGS\n\n              Article 28.     Rules applicable to substance of dispute\n\n(1) The arbitral tribunal shall decide the dispute in accordance with such\nrules of law as are chosen by the parties as applicable to the substance of\nthe dispute. Any designation of the law or legal system of a given State\nshall be construed, unless otherwise expressed, as directly referring to the\nsubstantive law of that State and not to its conflict of laws rules.\n\n(2) Failing any designation by the parties, the arbitral tribunal shall apply the\nlaw determined by the conflict of laws rules which it considers applicable.\n\n(3) The arbitral tribunal shall decide ex aequo et bono or as amiable com-\npositeur only if the parties have expressly authorized it to do so.\n\n(4) In all cases, the arbitral tribunal shall decide in accordance with the\nterms of the contract and shall take into account the usages of the trade\napplicable to the transaction.\n\n\n              Article 29. Decision-making by panel of arbitrators\n\nIn arbitral proceedings with more than one arbitrator, any decision of the\narbitral tribunal shall be made, unless otherwise agreed by the parties, by a\nmajority of all its members. However, questions of procedure may be decided\nby a presiding arbitrator, if so authorized by the parties or all members of\nthe arbitral tribunal.\n\n\n                                 Article 30. Settlement\n\n(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral\ntribunal shall terminate the proceedings and, if requested by the parties and\nnot objected to by the arbitral tribunal, record the settlement in the form of\nan arbitral award on agreed terms.\n\n(2) An award on agreed terms shall be made in accordance with the provi-\nsions of article 31 and shall state that it is an award. Such an award has the\nsame status and effect as any other award on the merits of the case."},{"pdfPage":30,"section":"model-law","text":"Article 31.     Form and contents of award\n\n(1) The award shall be made in writing and shall be signed by the arbitra-\ntor or arbitrators. In arbitral proceedings with more than one arbitrator, the\nsignatures of the majority of all members of the arbitral tribunal shall\nsuffice, provided that the reason for any omitted signature is stated.\n\n(2) The award shall state the reasons upon which it is based, unless the\nparties have agreed that no reasons are to be given or the award is an award\non agreed terms under article 30.\n\n(3) The award shall state its date and the place of arbitration as determined\nin accordance with article 20(1). The award shall be deemed to have been\nmade at that place.\n\n(4) After the award is made, a copy signed by the arbitrators in accordance\nwith paragraph (1) of this article shall be delivered to each party.\n\n\n                      Article 32. Termination of proceedings\n\n(1) The arbitral proceedings are terminated by the final award or by an order\nof the arbitral tribunal in accordance with paragraph (2) of this article.\n\n(2) The arbitral tribunal shall issue an order for the termination of the arbi-\ntral proceedings when:\n     (a) the claimant withdraws his claim, unless the respondent objects\nthereto and the arbitral tribunal recognizes a legitimate interest on his part\nin obtaining a final settlement of the dispute;\n       (b) the parties agree on the termination of the proceedings;\n     (c) the arbitral tribunal finds that the continuation of the proceedings\nhas for any other reason become unnecessary or impossible.\n\n(3) The mandate of the arbitral tribunal terminates with the termination of\nthe arbitral proceedings, subject to the provisions of articles 33 and 34(4).\n\n\n     Article 33. Correction and interpretation of award; additional award\n\n(1) Within thirty days of receipt of the award, unless another period of\ntime has been agreed upon by the parties:\n       (a) a party, with notice to the other party, may request the arbitral"},{"pdfPage":31,"section":"model-law","text":"tribunal to correct in the award any errors in computation, any clerical or\ntypographical errors or any errors of similar nature;\n     (b) if so agreed by the parties, a party, with notice to the other party,\nmay request the arbitral tribunal to give an interpretation of a specific point\nor part of the award.\nIf the arbitral tribunal considers the request to be justified, it shall make the\ncorrection or give the interpretation within thirty days of receipt of the\nrequest. The interpretation shall form part of the award.\n\n(2) The arbitral tribunal may correct any error of the type referred to in\nparagraph (1)(a) of this article on its own initiative within thirty days of the\ndate of the award.\n\n(3) Unless otherwise agreed by the parties, a party, with notice to the other\nparty, may request, within thirty days of receipt of the award, the arbitral\ntribunal to make an additional award as to claims presented in the arbitral\nproceedings but omitted from the award. If the arbitral tribunal considers\nthe request to be justified, it shall make the additional award within sixty\ndays.\n\n(4) The arbitral tribunal may extend, if necessary, the period of time within\nwhich it shall make a correction, interpretation or an additional award under\nparagraph (1) or (3) of this article.\n\n(5) The provisions of article 31 shall apply to a correction or interpretation\nof the award or to an additional award.\n\n\n               CHAPTER VII. RECOURSE AGAINST AWARD\n\n              Article 34. Application for setting aside as exclusive\n                         recourse against arbitral award\n\n(1) Recourse to a court against an arbitral award may be made only by an\napplication for setting aside in accordance with paragraphs (2) and (3) of\nthis article.\n\n(2) An arbitral award may be set aside by the court specified in article 6\nonly if:\n      (a) the party making the application furnishes proof that:\n             (i)    a party to the arbitration agreement referred to in article 7\n                    was under some incapacity; or the said agreement is not"},{"pdfPage":32,"section":"model-law","text":"valid under the law to which the parties have subjected it or,\n                 failing any indication thereon, under the law of this State; or\n          (ii)   the party making the application was not given proper notice\n                 of the appointment of an arbitrator or of the arbitral proceed-\n                 ings or was otherwise unable to present his case; or\n          (iii) the award deals with a dispute not contemplated by or not fall-\n                ing within the terms of the submission to arbitration, or contains\n                decisions on matters beyond the scope of the submission to\n                arbitration, provided that, if the decisions on matters submitted\n                to arbitration can be separated from those not so submitted,\n                only that part of the award which contains decisions on matters\n                not submitted to arbitration may be set aside; or\n          (iv)   the composition of the arbitral tribunal or the arbitral proce-\n                 dure was not in accordance with the agreement of the parties,\n                 unless such agreement was in conflict with a provision of this\n                 Law from which the parties cannot derogate, or, failing such\n                 agreement, was not in accordance with this Law; or\n     (b) the court finds that:\n          (i)    the subject-matter of the dispute is not capable of settlement\n                 by arbitration under the law of this State; or\n          (ii)   the award is in conflict with the public policy of this State.\n\n(3) An application for setting aside may not be made after three months\nhave elapsed from the date on which the party making that application had\nreceived the award or, if a request had been made under article 33, from\nthe date on which that request had been disposed of by the arbitral\ntribunal.\n\n(4) The court, when asked to set aside an award, may, where appropriate\nand so requested by a party, suspend the setting aside proceedings for a\nperiod of time determined by it in order to give the arbitral tribunal an\nopportunity to resume the arbitral proceedings or to take such other action\nas in the arbitral tribunal’s opinion will eliminate the grounds for setting\naside.\n\n\nCHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS\n\n                  Article 35.     Recognition and enforcement\n\n(1) An arbitral award, irrespective of the country in which it was made,\nshall be recognized as binding and, upon application in writing to the"},{"pdfPage":33,"section":"model-law","text":"competent court, shall be enforced subject to the provisions of this article\nand of article 36.\n\n(2) The party relying on an award or applying for its enforcement shall\nsupply the original award or a copy thereof. If the award is not made in an\nofficial language of this State, the court may request the party to supply a\ntranslation thereof into such language.4\n\n (Article 35(2) has been amended by the Commission at its thirty-ninth session, in 2006)\n\n\n\n         Article 36. Grounds for refusing recognition or enforcement\n\n(1) Recognition or enforcement of an arbitral award, irrespective of the\ncountry in which it was made, may be refused only:\n     (a) at the request of the party against whom it is invoked, if that party\nfurnishes to the competent court where recognition or enforcement is sought\nproof that:\n             (i)     a party to the arbitration agreement referred to in article 7\n                     was under some incapacity; or the said agreement is not\n                     valid under the law to which the parties have subjected\n                     it or, failing any indication thereon, under the law of the\n                     country where the award was made; or\n             (ii)    the party against whom the award is invoked was not given\n                     proper notice of the appointment of an arbitrator or of the\n                     arbitral proceedings or was otherwise unable to present his\n                     case; or\n             (iii) the award deals with a dispute not contemplated by or not\n                   falling within the terms of the submission to arbitration, or\n                   it contains decisions on matters beyond the scope of the\n                   submission to arbitration, provided that, if the decisions on\n                   matters submitted to arbitration can be separated from those\n                   not so submitted, that part of the award which contains deci-\n                   sions on matters submitted to arbitration may be recognized\n                   and enforced; or\n             (iv)    the composition of the arbitral tribunal or the arbitral proce-\n                     dure was not in accordance with the agreement of the parties\n                     or, failing such agreement, was not in accordance with the\n                     law of the country where the arbitration took place; or\n\n       The conditions set forth in this paragraph are intended to set maximum standards. It would, thus,\nnot be contrary to the harmonization to be achieved by the model law if a State retained even less\nonerous conditions."},{"pdfPage":34,"section":"model-law","text":"(v)    the award has not yet become binding on the parties or has\n                 been set aside or suspended by a court of the country in\n                 which, or under the law of which, that award was made; or\n     (b) if the court finds that:\n          (i)    the subject-matter of the dispute is not capable of settlement\n                 by arbitration under the law of this State; or\n          (ii)   the recognition or enforcement of the award would be\n                 contrary to the public policy of this State.\n\n(2) If an application for setting aside or suspension of an award has been\nmade to a court referred to in paragraph (1)(a)(v) of this article, the court\nwhere recognition or enforcement is sought may, if it considers it proper,\nadjourn its decision and may also, on the application of the party claiming\nrecognition or enforcement of the award, order the other party to provide\nappropriate security."}],"articles":[{"id":"model-law-1","number":"1","section":"model-law","label":"Article 1","pdfPage":13,"endPdfPage":14,"text":"Article 1.       Scope of application1\n\n(1) This Law applies to international commercial2 arbitration, subject to\nany agreement in force between this State and any other State or States.\n\n(2) The provisions of this Law, except articles 8, 9, 17 H, 17 I, 17 J, 35\nand 36, apply only if the place of arbitration is in the territory of this\nState.\n  (Article 1(2) has been amended by the Commission at its thirty-ninth session, in 2006)\n\n(3) An arbitration is international if:\n     (a) the parties to an arbitration agreement have, at the time of the conclu-\nsion of that agreement, their places of business in different States; or\n\n         Article headings are for reference purposes only and are not to be used for purposes of\ninterpretation.\n         The term “commercial” should be given a wide interpretation so as to cover matters arising from\nall relationships of a commercial nature, whether contractual or not. Relationships of a commercial nature\ninclude, but are not limited to, the following transactions: any trade transaction for the supply or exchange\nof goods or services; distribution agreement; commercial representation or agency; factoring; leasing;\nconstruction of works; consulting; engineering; licensing; investment; financing; banking; insurance;\nexploitation agreement or concession; joint venture and other forms of industrial or business cooperation;\ncarriage of goods or passengers by air, sea, rail or road.\n\n(b) one of the following places is situated outside the State in which\nthe parties have their places of business:\n          (i)     the place of arbitration if determined in, or pursuant to, the\n                  arbitration agreement;\n          (ii) any place where a substantial part of the obligations of the\n               commercial relationship is to be performed or the place with\n               which the subject-matter of the dispute is most closely con-\n               nected; or\n      (c) the parties have expressly agreed that the subject matter of the\narbitration agreement relates to more than one country.\n\n(4) For the purposes of paragraph (3) of this article:\n      (a) if a party has more than one place of business, the place of business\nis that which has the closest relationship to the arbitration agreement;\n    (b) if a party does not have a place of business, reference is to be\nmade to his habitual residence.\n\n(5) This Law shall not affect any other law of this State by virtue of which\ncertain disputes may not be submitted to arbitration or may be submitted to\narbitration only according to provisions other than those of this Law."},{"id":"model-law-2","number":"2","section":"model-law","label":"Article 2","pdfPage":14,"endPdfPage":15,"text":"Article 2. Definitions and rules of interpretation\n\nFor the purposes of this Law:\n    (a) “arbitration” means any arbitration whether or not administered\nby a permanent arbitral institution;\n\n     (b) “arbitral tribunal” means a sole arbitrator or a panel of arbitrators;\n\n     (c) “court” means a body or organ of the judicial system of a State;\n\n     (d) where a provision of this Law, except article 28, leaves the parties\nfree to determine a certain issue, such freedom includes the right of the\nparties to authorize a third party, including an institution, to make that\ndetermination;\n\n     (e) where a provision of this Law refers to the fact that the parties\nhave agreed or that they may agree or in any other way refers to an agree-\nment of the parties, such agreement includes any arbitration rules referred\nto in that agreement;\n\n(f) where a provision of this Law, other than in articles 25(a) and\n32(2) (a), refers to a claim, it also applies to a counter-claim, and where it\nrefers to a defence, it also applies to a defence to such counter-claim."},{"id":"model-law-2A","number":"2A","section":"model-law","label":"Article 2A","pdfPage":15,"endPdfPage":15,"text":"Article 2 A.     International origin and general principles\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n(1) In the interpretation of this Law, regard is to be had to its international\norigin and to the need to promote uniformity in its application and the\nobservance of good faith.\n\n(2) Questions concerning matters governed by this Law which are not\nexpressly settled in it are to be settled in conformity with the general\nprinciples on which this Law is based."},{"id":"model-law-3","number":"3","section":"model-law","label":"Article 3","pdfPage":15,"endPdfPage":15,"text":"Article 3. Receipt of written communications\n\n(1) Unless otherwise agreed by the parties:\n     (a) any written communication is deemed to have been received if it\nis delivered to the addressee personally or if it is delivered at his place of\nbusiness, habitual residence or mailing address; if none of these can be found\nafter making a reasonable inquiry, a written communication is deemed to\nhave been received if it is sent to the addressee’s last-known place of busi-\nness, habitual residence or mailing address by registered letter or any other\nmeans which provides a record of the attempt to deliver it;\n      (b) the communication is deemed to have been received on the day\nit is so delivered.\n\n(2) The provisions of this article do not apply to communications in court\nproceedings."},{"id":"model-law-4","number":"4","section":"model-law","label":"Article 4","pdfPage":15,"endPdfPage":15,"text":"Article 4. Waiver of right to object\n\nA party who knows that any provision of this Law from which the parties\nmay derogate or any requirement under the arbitration agreement has not\nbeen complied with and yet proceeds with the arbitration without stating his\nobjection to such non-compliance without undue delay or, if a time-limit is\nprovided therefor, within such period of time, shall be deemed to have\nwaived his right to object."},{"id":"model-law-5","number":"5","section":"model-law","label":"Article 5","pdfPage":16,"endPdfPage":16,"text":"Article 5.    Extent of court intervention\n\nIn matters governed by this Law, no court shall intervene except where so\nprovided in this Law."},{"id":"model-law-6","number":"6","section":"model-law","label":"Article 6","pdfPage":16,"endPdfPage":16,"text":"Article 6. Court or other authority for certain functions\n                    of arbitration assistance and supervision\n\nThe functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2)\nshall be performed by ... [Each State enacting this model law specifies the\ncourt, courts or, where referred to therein, other authority competent to\nperform these functions.]\n\n\n\n\n                CHAPTER II. ARBITRATION AGREEMENT\n\nOption I"},{"id":"model-law-7-option-1","number":"7","section":"model-law","label":"Article 7 (Option 1)","pdfPage":16,"endPdfPage":17,"text":"Article 7. Definition and form of arbitration agreement\n            (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n(1) “Arbitration agreement” is an agreement by the parties to submit to\narbitration all or certain disputes which have arisen or which may arise\nbetween them in respect of a defined legal relationship, whether contractual\nor not. An arbitration agreement may be in the form of an arbitration clause\nin a contract or in the form of a separate agreement.\n\n(2) The arbitration agreement shall be in writing.\n\n(3) An arbitration agreement is in writing if its content is recorded in any\nform, whether or not the arbitration agreement or contract has been con-\ncluded orally, by conduct, or by other means.\n\n(4) The requirement that an arbitration agreement be in writing is met by\nan electronic communication if the information contained therein is acces-\nsible so as to be useable for subsequent reference; “electronic communica-\ntion” means any communication that the parties make by means of data\nmessages; “data message” means information generated, sent, received or\nstored by electronic, magnetic, optical or similar means, including, but not\n\nlimited to, electronic data interchange (EDI), electronic mail, telegram, telex\nor telecopy.\n\n(5) Furthermore, an arbitration agreement is in writing if it is contained in\nan exchange of statements of claim and defence in which the existence of\nan agreement is alleged by one party and not denied by the other.\n\n(6) The reference in a contract to any document containing an arbitration\nclause constitutes an arbitration agreement in writing, provided that the ref-\nerence is such as to make that clause part of the contract.\n\n\n\nOption II"},{"id":"model-law-7-option-2","number":"7","section":"model-law","label":"Article 7 (Option 2)","pdfPage":17,"endPdfPage":17,"text":"Article 7. Definition of arbitration agreement\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n“Arbitration agreement” is an agreement by the parties to submit to arbitra-\ntion all or certain disputes which have arisen or which may arise\nbetween them in respect of a defined legal relationship, whether contractual\nor not."},{"id":"model-law-8","number":"8","section":"model-law","label":"Article 8","pdfPage":17,"endPdfPage":17,"text":"Article 8. Arbitration agreement and substantive claim before court\n\n(1) A court before which an action is brought in a matter which is the\nsubject of an arbitration agreement shall, if a party so requests not later than\nwhen submitting his first statement on the substance of the dispute, refer\nthe parties to arbitration unless it finds that the agreement is null and void,\ninoperative or incapable of being performed.\n\n(2) Where an action referred to in paragraph (1) of this article has been\nbrought, arbitral proceedings may nevertheless be commenced or continued,\nand an award may be made, while the issue is pending before the court."},{"id":"model-law-9","number":"9","section":"model-law","label":"Article 9","pdfPage":17,"endPdfPage":18,"text":"Article 9. Arbitration agreement and interim measures by court\n\nIt is not incompatible with an arbitration agreement for a party to request,\nbefore or during arbitral proceedings, from a court an interim measure of\nprotection and for a court to grant such measure.\n\nCHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL"},{"id":"model-law-10","number":"10","section":"model-law","label":"Article 10","pdfPage":18,"endPdfPage":18,"text":"Article 10.     Number of arbitrators\n\n(1) The parties are free to determine the number of arbitrators.\n\n(2) Failing such determination, the number of arbitrators shall be three."},{"id":"model-law-11","number":"11","section":"model-law","label":"Article 11","pdfPage":18,"endPdfPage":19,"text":"Article 11. Appointment of arbitrators\n\n(1) No person shall be precluded by reason of his nationality from acting\nas an arbitrator, unless otherwise agreed by the parties.\n\n(2) The parties are free to agree on a procedure of appointing the arbitrator\nor arbitrators, subject to the provisions of paragraphs (4) and (5) of this\narticle.\n\n(3) Failing such agreement,\n      (a) in an arbitration with three arbitrators, each party shall appoint\none arbitrator, and the two arbitrators thus appointed shall appoint the third\narbitrator; if a party fails to appoint the arbitrator within thirty days of receipt\nof a request to do so from the other party, or if the two arbitrators fail to\nagree on the third arbitrator within thirty days of their appointment, the\nappointment shall be made, upon request of a party, by the court or other\nauthority specified in article 6;\n     (b) in an arbitration with a sole arbitrator, if the parties are unable to\nagree on the arbitrator, he shall be appointed, upon request of a party, by\nthe court or other authority specified in article 6.\n\n(4) Where, under an appointment procedure agreed upon by the parties,\n     (a) a party fails to act as required under such procedure, or\n    (b) the parties, or two arbitrators, are unable to reach an agreement\nexpected of them under such procedure, or\n     (c) a third party, including an institution, fails to perform any function\nentrusted to it under such procedure,\nany party may request the court or other authority specified in article 6 to\ntake the necessary measure, unless the agreement on the appointment pro-\ncedure provides other means for securing the appointment.\n\n(5) A decision on a matter entrusted by paragraph (3) or (4) of this article\nto the court or other authority specified in article 6 shall be subject to no\n\nappeal. The court or other authority, in appointing an arbitrator, shall have\ndue regard to any qualifications required of the arbitrator by the agreement\nof the parties and to such considerations as are likely to secure the appoint-\nment of an independent and impartial arbitrator and, in the case of a sole\nor third arbitrator, shall take into account as well the advisability of appoint-\ning an arbitrator of a nationality other than those of the parties."},{"id":"model-law-12","number":"12","section":"model-law","label":"Article 12","pdfPage":19,"endPdfPage":19,"text":"Article 12.     Grounds for challenge\n\n(1) When a person is approached in connection with his possible appoint-\nment as an arbitrator, he shall disclose any circumstances likely to give rise\nto justifiable doubts as to his impartiality or independence. An arbitrator,\nfrom the time of his appointment and throughout the arbitral proceedings,\nshall without delay disclose any such circumstances to the parties unless\nthey have already been informed of them by him.\n\n(2) An arbitrator may be challenged only if circumstances exist that give rise\nto justifiable doubts as to his impartiality or independence, or if he does not\npossess qualifications agreed to by the parties. A party may challenge an arbitra-\ntor appointed by him, or in whose appointment he has participated, only for\nreasons of which he becomes aware after the appointment has been made."},{"id":"model-law-13","number":"13","section":"model-law","label":"Article 13","pdfPage":19,"endPdfPage":19,"text":"Article 13. Challenge procedure\n\n(1) The parties are free to agree on a procedure for challenging an arbitra-\ntor, subject to the provisions of paragraph (3) of this article.\n\n(2) Failing such agreement, a party who intends to challenge an arbitrator\nshall, within fifteen days after becoming aware of the constitution of the\narbitral tribunal or after becoming aware of any circumstance referred to in\narticle 12(2), send a written statement of the reasons for the challenge to\nthe arbitral tribunal. Unless the challenged arbitrator withdraws from his\noffice or the other party agrees to the challenge, the arbitral tribunal shall\ndecide on the challenge.\n\n(3) If a challenge under any procedure agreed upon by the parties or under\nthe procedure of paragraph (2) of this article is not successful, the challeng-\ning party may request, within thirty days after having received notice of the\ndecision rejecting the challenge, the court or other authority specified in\narticle 6 to decide on the challenge, which decision shall be subject to no\nappeal; while such a request is pending, the arbitral tribunal, including the\nchallenged arbitrator, may continue the arbitral proceedings and make an award."},{"id":"model-law-14","number":"14","section":"model-law","label":"Article 14","pdfPage":20,"endPdfPage":20,"text":"Article 14.     Failure or impossibility to act\n\n(1) If an arbitrator becomes de jure or de facto unable to perform his func-\ntions or for other reasons fails to act without undue delay, his mandate\nterminates if he withdraws from his office or if the parties agree on the\ntermination. Otherwise, if a controversy remains concerning any of these\ngrounds, any party may request the court or other authority specified in\narticle 6 to decide on the termination of the mandate, which decision shall\nbe subject to no appeal.\n\n(2) If, under this article or article 13(2), an arbitrator withdraws from his\noffice or a party agrees to the termination of the mandate of an arbitrator,\nthis does not imply acceptance of the validity of any ground referred to in\nthis article or article 12(2)."},{"id":"model-law-15","number":"15","section":"model-law","label":"Article 15","pdfPage":20,"endPdfPage":20,"text":"Article 15. Appointment of substitute arbitrator\n\nWhere the mandate of an arbitrator terminates under article 13 or 14 or\nbecause of his withdrawal from office for any other reason or because of\nthe revocation of his mandate by agreement of the parties or in any other\ncase of termination of his mandate, a substitute arbitrator shall be appointed\naccording to the rules that were applicable to the appointment of the arbitra-\ntor being replaced.\n\n\n\n\n       CHAPTER IV.          JURISDICTION OF ARBITRAL TRIBUNAL"},{"id":"model-law-16","number":"16","section":"model-law","label":"Article 16","pdfPage":20,"endPdfPage":21,"text":"Article 16. Competence of arbitral tribunal to rule on its jurisdiction\n\n(1) The arbitral tribunal may rule on its own jurisdiction, including any\nobjections with respect to the existence or validity of the arbitration agree-\nment. For that purpose, an arbitration clause which forms part of a contract\nshall be treated as an agreement independent of the other terms of the con-\ntract. A decision by the arbitral tribunal that the contract is null and void\nshall not entail ipso jure the invalidity of the arbitration clause.\n\n(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised\nnot later than the submission of the statement of defence. A party is not\nprecluded from raising such a plea by the fact that he has appointed, or\nparticipated in the appointment of, an arbitrator. A plea that the arbitral tri-\nbunal is exceeding the scope of its authority shall be raised as soon as the\n\nmatter alleged to be beyond the scope of its authority is raised during the\narbitral proceedings. The arbitral tribunal may, in either case, admit a later\nplea if it considers the delay justified.\n\n(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of\nthis article either as a preliminary question or in an award on the merits. If\nthe arbitral tribunal rules as a preliminary question that it has jurisdiction,\nany party may request, within thirty days after having received notice of\nthat ruling, the court specified in article 6 to decide the matter, which deci-\nsion shall be subject to no appeal; while such a request is pending, the\narbitral tribunal may continue the arbitral proceedings and make an award.\n\n\n\n\n                    CHAPTER IV A. INTERIM MEASURES\n                       AND PRELIMINARY ORDERS\n             (As adopted by the Commission at its thirty-ninth session, in 2006)\n\n                            Section 1. Interim measures"},{"id":"model-law-17","number":"17","section":"model-law","label":"Article 17","pdfPage":21,"endPdfPage":21,"text":"Article 17.     Power of arbitral tribunal to order interim measures\n\n(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the\nrequest of a party, grant interim measures.\n\n(2) An interim measure is any temporary measure, whether in the form of\nan award or in another form, by which, at any time prior to the issuance of\nthe award by which the dispute is finally decided, the arbitral tribunal orders\na party to:\n     (a) Maintain or restore the status quo pending determination of the\ndispute;\n      (b) Take action that would prevent, or refrain from taking action that\nis likely to cause, current or imminent harm or prejudice to the arbitral\nprocess itself;\n    (c) Provide a means of preserving assets out of which a subsequent\naward may be satisfied; or\n     (d) Preserve evidence that may be relevant and material to the resolu-\ntion of the dispute."},{"id":"model-law-17A","number":"17A","section":"model-law","label":"Article 17A","pdfPage":22,"endPdfPage":22,"text":"Article 17 A.     Conditions for granting interim measures\n\n(1) The party requesting an interim measure under article 17(2)(a), (b) and\n(c) shall satisfy the arbitral tribunal that:\n     (a) Harm not adequately reparable by an award of damages is likely\nto result if the measure is not ordered, and such harm substantially outweighs\nthe harm that is likely to result to the party against whom the measure is\ndirected if the measure is granted; and\n     (b) There is a reasonable possibility that the requesting party will\nsucceed on the merits of the claim. The determination on this possibility\nshall not affect the discretion of the arbitral tribunal in making any subse-\nquent determination.\n\n(2) With regard to a request for an interim measure under article 17(2)(d),\nthe requirements in paragraphs (1)(a) and (b) of this article shall apply only\nto the extent the arbitral tribunal considers appropriate.\n\n\n\n                         Section 2.     Preliminary orders"},{"id":"model-law-17B","number":"17B","section":"model-law","label":"Article 17B","pdfPage":22,"endPdfPage":22,"text":"Article 17 B. Applications for preliminary orders and\n                  conditions for granting preliminary orders\n\n(1) Unless otherwise agreed by the parties, a party may, without notice to\nany other party, make a request for an interim measure together with an\napplication for a preliminary order directing a party not to frustrate the\npurpose of the interim measure requested.\n\n(2) The arbitral tribunal may grant a preliminary order provided it considers\nthat prior disclosure of the request for the interim measure to the party\nagainst whom it is directed risks frustrating the purpose of the measure.\n\n(3) The conditions defined under article 17A apply to any preliminary\norder, provided that the harm to be assessed under article 17A(1)(a), is the\nharm likely to result from the order being granted or not."},{"id":"model-law-17C","number":"17C","section":"model-law","label":"Article 17C","pdfPage":22,"endPdfPage":23,"text":"Article 17 C.      Specific regime for preliminary orders\n\n(1) Immediately after the arbitral tribunal has made a determination in\nrespect of an application for a preliminary order, the arbitral tribunal shall give\nnotice to all parties of the request for the interim measure, the application for\n\nthe preliminary order, the preliminary order, if any, and all other communi-\ncations, including by indicating the content of any oral communication, be-\ntween any party and the arbitral tribunal in relation thereto.\n\n(2) At the same time, the arbitral tribunal shall give an opportunity to any\nparty against whom a preliminary order is directed to present its case at the\nearliest practicable time.\n\n(3) The arbitral tribunal shall decide promptly on any objection to the\npreliminary order.\n\n(4) A preliminary order shall expire after twenty days from the date on\nwhich it was issued by the arbitral tribunal. However, the arbitral tribunal\nmay issue an interim measure adopting or modifying the preliminary order,\nafter the party against whom the preliminary order is directed has been given\nnotice and an opportunity to present its case.\n\n(5) A preliminary order shall be binding on the parties but shall not be\nsubject to enforcement by a court. Such a preliminary order does not con-\nstitute an award.\n\n\n\n\n             Section 3. Provisions applicable to interim measures\n                           and preliminary orders"},{"id":"model-law-17D","number":"17D","section":"model-law","label":"Article 17D","pdfPage":23,"endPdfPage":23,"text":"Article 17 D. Modification, suspension, termination\n\n      The arbitral tribunal may modify, suspend or terminate an interim\nmeasure or a preliminary order it has granted, upon application of any party\nor, in exceptional circumstances and upon prior notice to the parties, on the\narbitral tribunal’s own initiative."},{"id":"model-law-17E","number":"17E","section":"model-law","label":"Article 17E","pdfPage":23,"endPdfPage":23,"text":"Article 17 E. Provision of security\n\n(1) The arbitral tribunal may require the party requesting an interim\nmeasure to provide appropriate security in connection with the measure.\n\n(2) The arbitral tribunal shall require the party applying for a preliminary\norder to provide security in connection with the order unless the arbitral\ntribunal considers it inappropriate or unnecessary to do so."},{"id":"model-law-17F","number":"17F","section":"model-law","label":"Article 17F","pdfPage":24,"endPdfPage":24,"text":"Article 17 F.      Disclosure\n\n(1) The arbitral tribunal may require any party promptly to disclose any\nmaterial change in the circumstances on the basis of which the measure was\nrequested or granted.\n\n(2) The party applying for a preliminary order shall disclose to the arbitral\ntribunal all circumstances that are likely to be relevant to the arbitral tribu-\nnal’s determination whether to grant or maintain the order, and such obliga-\ntion shall continue until the party against whom the order has been requested\nhas had an opportunity to present its case. Thereafter, paragraph (1) of this\narticle shall apply."},{"id":"model-law-17G","number":"17G","section":"model-law","label":"Article 17G","pdfPage":24,"endPdfPage":24,"text":"Article 17 G.      Costs and damages\n\n      The party requesting an interim measure or applying for a preliminary\norder shall be liable for any costs and damages caused by the measure or\nthe order to any party if the arbitral tribunal later determines that, in the\ncircumstances, the measure or the order should not have been granted. The\narbitral tribunal may award such costs and damages at any point during the\nproceedings.\n\n\n\n\n     Section 4.     Recognition and enforcement of interim measures"},{"id":"model-law-17H","number":"17H","section":"model-law","label":"Article 17H","pdfPage":24,"endPdfPage":24,"text":"Article 17 H. Recognition and enforcement\n\n(1) An interim measure issued by an arbitral tribunal shall be recognized\nas binding and, unless otherwise provided by the arbitral tribunal, enforced\nupon application to the competent court, irrespective of the country in which\nit was issued, subject to the provisions of article 17 I.\n\n(2) The party who is seeking or has obtained recognition or enforcement\nof an interim measure shall promptly inform the court of any termination,\nsuspension or modification of that interim measure.\n\n(3) The court of the State where recognition or enforcement is sought may,\nif it considers it proper, order the requesting party to provide appropriate\nsecurity if the arbitral tribunal has not already made a determination with\nrespect to security or where such a decision is necessary to protect the rights\nof third parties."},{"id":"model-law-17I","number":"17I","section":"model-law","label":"Article 17I","pdfPage":25,"endPdfPage":25,"text":"Article 17 I. Grounds for refusing recognition or enforcement3\n\n(1) Recognition or enforcement of an interim measure may be refused\nonly:\n     (a) At the request of the party against whom it is invoked if the court\nis satisfied that:\n              (i)     Such refusal is warranted on the grounds set forth in arti-\n                      cle 36(1)(a)(i), (ii), (iii) or (iv); or\n              (ii)    The arbitral tribunal’s decision with respect to the provision\n                      of security in connection with the interim measure issued\n                      by the arbitral tribunal has not been complied with; or\n              (iii) The interim measure has been terminated or suspended by\n                    the arbitral tribunal or, where so empowered, by the court\n                    of the State in which the arbitration takes place or under\n                    the law of which that interim measure was granted; or\n      (b) If the court finds that:\n              (i)     The interim measure is incompatible with the powers con-\n                      ferred upon the court unless the court decides to reformulate\n                      the interim measure to the extent necessary to adapt it to its\n                      own powers and procedures for the purposes of enforcing that\n                      interim measure and without modifying its substance; or\n              (ii)    Any of the grounds set forth in article 36(1)(b)(i) or (ii),\n                      apply to the recognition and enforcement of the interim\n                      measure.\n\n(2) Any determination made by the court on any ground in paragraph (1)\nof this article shall be effective only for the purposes of the application to\nrecognize and enforce the interim measure. The court where recognition or\nenforcement is sought shall not, in making that determination, undertake a\nreview of the substance of the interim measure.\n\n\n                     Section 5. Court-ordered interim measures"},{"id":"model-law-17J","number":"17J","section":"model-law","label":"Article 17J","pdfPage":25,"endPdfPage":26,"text":"Article 17 J.       Court-ordered interim measures\n\n      A court shall have the same power of issuing an interim measure in\nrelation to arbitration proceedings, irrespective of whether their place is in\n        The conditions set forth in article 17 I are intended to limit the number of circumstances in which\nthe court may refuse to enforce an interim measure. It would not be contrary to the level of harmoniza-\ntion sought to be achieved by these model provisions if a State were to adopt fewer circumstances in\nwhich enforcement may be refused.\n\nthe territory of this State, as it has in relation to proceedings in courts. The\ncourt shall exercise such power in accordance with its own procedures in\nconsideration of the specific features of international arbitration.\n\n\n      CHAPTER V.          CONDUCT OF ARBITRAL PROCEEDINGS"},{"id":"model-law-18","number":"18","section":"model-law","label":"Article 18","pdfPage":26,"endPdfPage":26,"text":"Article 18. Equal treatment of parties\n\nThe parties shall be treated with equality and each party shall be given a\nfull opportunity of presenting his case."},{"id":"model-law-19","number":"19","section":"model-law","label":"Article 19","pdfPage":26,"endPdfPage":26,"text":"Article 19. Determination of rules of procedure\n\n(1) Subject to the provisions of this Law, the parties are free to agree on the\nprocedure to be followed by the arbitral tribunal in conducting the proceedings.\n\n(2) Failing such agreement, the arbitral tribunal may, subject to the provi-\nsions of this Law, conduct the arbitration in such manner as it considers\nappropriate. The power conferred upon the arbitral tribunal includes the\npower to determine the admissibility, relevance, materiality and weight of\nany evidence."},{"id":"model-law-20","number":"20","section":"model-law","label":"Article 20","pdfPage":26,"endPdfPage":26,"text":"Article 20. Place of arbitration\n\n(1) The parties are free to agree on the place of arbitration. Failing such\nagreement, the place of arbitration shall be determined by the arbitral tribunal\nhaving regard to the circumstances of the case, including the convenience\nof the parties.\n\n(2) Notwithstanding the provisions of paragraph (1) of this article, the arbi-\ntral tribunal may, unless otherwise agreed by the parties, meet at any place\nit considers appropriate for consultation among its members, for hearing\nwitnesses, experts or the parties, or for inspection of goods, other property\nor documents."},{"id":"model-law-21","number":"21","section":"model-law","label":"Article 21","pdfPage":26,"endPdfPage":26,"text":"Article 21.     Commencement of arbitral proceedings\n\nUnless otherwise agreed by the parties, the arbitral proceedings in respect\nof a particular dispute commence on the date on which a request for that\ndispute to be referred to arbitration is received by the respondent."},{"id":"model-law-22","number":"22","section":"model-law","label":"Article 22","pdfPage":27,"endPdfPage":27,"text":"Article 22.     Language\n\n(1) The parties are free to agree on the language or languages to be used\nin the arbitral proceedings. Failing such agreement, the arbitral tribunal shall\ndetermine the language or languages to be used in the proceedings. This\nagreement or determination, unless otherwise specified therein, shall apply\nto any written statement by a party, any hearing and any award, decision or\nother communication by the arbitral tribunal.\n\n(2) The arbitral tribunal may order that any documentary evidence shall be\naccompanied by a translation into the language or languages agreed upon\nby the parties or determined by the arbitral tribunal."},{"id":"model-law-23","number":"23","section":"model-law","label":"Article 23","pdfPage":27,"endPdfPage":27,"text":"Article 23. Statements of claim and defence\n\n(1) Within the period of time agreed by the parties or determined by the\narbitral tribunal, the claimant shall state the facts supporting his claim, the\npoints at issue and the relief or remedy sought, and the respondent shall\nstate his defence in respect of these particulars, unless the parties have other-\nwise agreed as to the required elements of such statements. The parties may\nsubmit with their statements all documents they consider to be relevant\nor may add a reference to the documents or other evidence they will\nsubmit.\n\n(2) Unless otherwise agreed by the parties, either party may amend or\nsupplement his claim or defence during the course of the arbitral proceed-\nings, unless the arbitral tribunal considers it inappropriate to allow such\namendment having regard to the delay in making it."},{"id":"model-law-24","number":"24","section":"model-law","label":"Article 24","pdfPage":27,"endPdfPage":28,"text":"Article 24.     Hearings and written proceedings\n\n(1) Subject to any contrary agreement by the parties, the arbitral tribunal\nshall decide whether to hold oral hearings for the presentation of evidence\nor for oral argument, or whether the proceedings shall be conducted on the\nbasis of documents and other materials. However, unless the parties have\nagreed that no hearings shall be held, the arbitral tribunal shall hold such\nhearings at an appropriate stage of the proceedings, if so requested by a\nparty.\n\n(2) The parties shall be given sufficient advance notice of any hearing and\nof any meeting of the arbitral tribunal for the purposes of inspection of\ngoods, other property or documents.\n\n(3) All statements, documents or other information supplied to the arbitral\ntribunal by one party shall be communicated to the other party. Also any\nexpert report or evidentiary document on which the arbitral tribunal may\nrely in making its decision shall be communicated to the parties."},{"id":"model-law-25","number":"25","section":"model-law","label":"Article 25","pdfPage":28,"endPdfPage":28,"text":"Article 25. Default of a party\n\nUnless otherwise agreed by the parties, if, without showing sufficient\ncause,\n     (a) the claimant fails to communicate his statement of claim in\naccordance with article 23(1), the arbitral tribunal shall terminate the\nproceedings;\n     (b) the respondent fails to communicate his statement of defence in\naccordance with article 23(1), the arbitral tribunal shall continue the proceed-\nings without treating such failure in itself as an admission of the claimant’s\nallegations;\n     (c) any party fails to appear at a hearing or to produce documentary\nevidence, the arbitral tribunal may continue the proceedings and make the\naward on the evidence before it."},{"id":"model-law-26","number":"26","section":"model-law","label":"Article 26","pdfPage":28,"endPdfPage":28,"text":"Article 26. Expert appointed by arbitral tribunal\n\n(1) Unless otherwise agreed by the parties, the arbitral tribunal\n     (a) may appoint one or more experts to report to it on specific issues\nto be determined by the arbitral tribunal;\n     (b) may require a party to give the expert any relevant information or\nto produce, or to provide access to, any relevant documents, goods or other\nproperty for his inspection.\n\n(2) Unless otherwise agreed by the parties, if a party so requests or if the\narbitral tribunal considers it necessary, the expert shall, after delivery of his\nwritten or oral report, participate in a hearing where the parties have the\nopportunity to put questions to him and to present expert witnesses in order\nto testify on the points at issue."},{"id":"model-law-27","number":"27","section":"model-law","label":"Article 27","pdfPage":28,"endPdfPage":29,"text":"Article 27.     Court assistance in taking evidence\n\nThe arbitral tribunal or a party with the approval of the arbitral tribunal may\nrequest from a competent court of this State assistance in taking evidence.\n\nThe court may execute the request within its competence and according to\nits rules on taking evidence.\n\n\n                  CHAPTER VI. MAKING OF AWARD AND\n                     TERMINATION OF PROCEEDINGS"},{"id":"model-law-28","number":"28","section":"model-law","label":"Article 28","pdfPage":29,"endPdfPage":29,"text":"Article 28.     Rules applicable to substance of dispute\n\n(1) The arbitral tribunal shall decide the dispute in accordance with such\nrules of law as are chosen by the parties as applicable to the substance of\nthe dispute. Any designation of the law or legal system of a given State\nshall be construed, unless otherwise expressed, as directly referring to the\nsubstantive law of that State and not to its conflict of laws rules.\n\n(2) Failing any designation by the parties, the arbitral tribunal shall apply the\nlaw determined by the conflict of laws rules which it considers applicable.\n\n(3) The arbitral tribunal shall decide ex aequo et bono or as amiable com-\npositeur only if the parties have expressly authorized it to do so.\n\n(4) In all cases, the arbitral tribunal shall decide in accordance with the\nterms of the contract and shall take into account the usages of the trade\napplicable to the transaction."},{"id":"model-law-29","number":"29","section":"model-law","label":"Article 29","pdfPage":29,"endPdfPage":29,"text":"Article 29. Decision-making by panel of arbitrators\n\nIn arbitral proceedings with more than one arbitrator, any decision of the\narbitral tribunal shall be made, unless otherwise agreed by the parties, by a\nmajority of all its members. However, questions of procedure may be decided\nby a presiding arbitrator, if so authorized by the parties or all members of\nthe arbitral tribunal."},{"id":"model-law-30","number":"30","section":"model-law","label":"Article 30","pdfPage":29,"endPdfPage":29,"text":"Article 30. Settlement\n\n(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral\ntribunal shall terminate the proceedings and, if requested by the parties and\nnot objected to by the arbitral tribunal, record the settlement in the form of\nan arbitral award on agreed terms.\n\n(2) An award on agreed terms shall be made in accordance with the provi-\nsions of article 31 and shall state that it is an award. Such an award has the\nsame status and effect as any other award on the merits of the case."},{"id":"model-law-31","number":"31","section":"model-law","label":"Article 31","pdfPage":30,"endPdfPage":30,"text":"Article 31.     Form and contents of award\n\n(1) The award shall be made in writing and shall be signed by the arbitra-\ntor or arbitrators. In arbitral proceedings with more than one arbitrator, the\nsignatures of the majority of all members of the arbitral tribunal shall\nsuffice, provided that the reason for any omitted signature is stated.\n\n(2) The award shall state the reasons upon which it is based, unless the\nparties have agreed that no reasons are to be given or the award is an award\non agreed terms under article 30.\n\n(3) The award shall state its date and the place of arbitration as determined\nin accordance with article 20(1). The award shall be deemed to have been\nmade at that place.\n\n(4) After the award is made, a copy signed by the arbitrators in accordance\nwith paragraph (1) of this article shall be delivered to each party."},{"id":"model-law-32","number":"32","section":"model-law","label":"Article 32","pdfPage":30,"endPdfPage":30,"text":"Article 32. Termination of proceedings\n\n(1) The arbitral proceedings are terminated by the final award or by an order\nof the arbitral tribunal in accordance with paragraph (2) of this article.\n\n(2) The arbitral tribunal shall issue an order for the termination of the arbi-\ntral proceedings when:\n     (a) the claimant withdraws his claim, unless the respondent objects\nthereto and the arbitral tribunal recognizes a legitimate interest on his part\nin obtaining a final settlement of the dispute;\n       (b) the parties agree on the termination of the proceedings;\n     (c) the arbitral tribunal finds that the continuation of the proceedings\nhas for any other reason become unnecessary or impossible.\n\n(3) The mandate of the arbitral tribunal terminates with the termination of\nthe arbitral proceedings, subject to the provisions of articles 33 and 34(4)."},{"id":"model-law-33","number":"33","section":"model-law","label":"Article 33","pdfPage":30,"endPdfPage":31,"text":"Article 33. Correction and interpretation of award; additional award\n\n(1) Within thirty days of receipt of the award, unless another period of\ntime has been agreed upon by the parties:\n       (a) a party, with notice to the other party, may request the arbitral\n\ntribunal to correct in the award any errors in computation, any clerical or\ntypographical errors or any errors of similar nature;\n     (b) if so agreed by the parties, a party, with notice to the other party,\nmay request the arbitral tribunal to give an interpretation of a specific point\nor part of the award.\nIf the arbitral tribunal considers the request to be justified, it shall make the\ncorrection or give the interpretation within thirty days of receipt of the\nrequest. The interpretation shall form part of the award.\n\n(2) The arbitral tribunal may correct any error of the type referred to in\nparagraph (1)(a) of this article on its own initiative within thirty days of the\ndate of the award.\n\n(3) Unless otherwise agreed by the parties, a party, with notice to the other\nparty, may request, within thirty days of receipt of the award, the arbitral\ntribunal to make an additional award as to claims presented in the arbitral\nproceedings but omitted from the award. If the arbitral tribunal considers\nthe request to be justified, it shall make the additional award within sixty\ndays.\n\n(4) The arbitral tribunal may extend, if necessary, the period of time within\nwhich it shall make a correction, interpretation or an additional award under\nparagraph (1) or (3) of this article.\n\n(5) The provisions of article 31 shall apply to a correction or interpretation\nof the award or to an additional award.\n\n\n               CHAPTER VII. RECOURSE AGAINST AWARD"},{"id":"model-law-34","number":"34","section":"model-law","label":"Article 34","pdfPage":31,"endPdfPage":32,"text":"Article 34. Application for setting aside as exclusive\n                         recourse against arbitral award\n\n(1) Recourse to a court against an arbitral award may be made only by an\napplication for setting aside in accordance with paragraphs (2) and (3) of\nthis article.\n\n(2) An arbitral award may be set aside by the court specified in article 6\nonly if:\n      (a) the party making the application furnishes proof that:\n             (i)    a party to the arbitration agreement referred to in article 7\n                    was under some incapacity; or the said agreement is not\n\nvalid under the law to which the parties have subjected it or,\n                 failing any indication thereon, under the law of this State; or\n          (ii)   the party making the application was not given proper notice\n                 of the appointment of an arbitrator or of the arbitral proceed-\n                 ings or was otherwise unable to present his case; or\n          (iii) the award deals with a dispute not contemplated by or not fall-\n                ing within the terms of the submission to arbitration, or contains\n                decisions on matters beyond the scope of the submission to\n                arbitration, provided that, if the decisions on matters submitted\n                to arbitration can be separated from those not so submitted,\n                only that part of the award which contains decisions on matters\n                not submitted to arbitration may be set aside; or\n          (iv)   the composition of the arbitral tribunal or the arbitral proce-\n                 dure was not in accordance with the agreement of the parties,\n                 unless such agreement was in conflict with a provision of this\n                 Law from which the parties cannot derogate, or, failing such\n                 agreement, was not in accordance with this Law; or\n     (b) the court finds that:\n          (i)    the subject-matter of the dispute is not capable of settlement\n                 by arbitration under the law of this State; or\n          (ii)   the award is in conflict with the public policy of this State.\n\n(3) An application for setting aside may not be made after three months\nhave elapsed from the date on which the party making that application had\nreceived the award or, if a request had been made under article 33, from\nthe date on which that request had been disposed of by the arbitral\ntribunal.\n\n(4) The court, when asked to set aside an award, may, where appropriate\nand so requested by a party, suspend the setting aside proceedings for a\nperiod of time determined by it in order to give the arbitral tribunal an\nopportunity to resume the arbitral proceedings or to take such other action\nas in the arbitral tribunal’s opinion will eliminate the grounds for setting\naside.\n\n\nCHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS"},{"id":"model-law-35","number":"35","section":"model-law","label":"Article 35","pdfPage":32,"endPdfPage":33,"text":"Article 35.     Recognition and enforcement\n\n(1) An arbitral award, irrespective of the country in which it was made,\nshall be recognized as binding and, upon application in writing to the\n\ncompetent court, shall be enforced subject to the provisions of this article\nand of article 36.\n\n(2) The party relying on an award or applying for its enforcement shall\nsupply the original award or a copy thereof. If the award is not made in an\nofficial language of this State, the court may request the party to supply a\ntranslation thereof into such language.4\n\n (Article 35(2) has been amended by the Commission at its thirty-ninth session, in 2006)"},{"id":"model-law-36","number":"36","section":"model-law","label":"Article 36","pdfPage":33,"endPdfPage":34,"text":"Article 36. Grounds for refusing recognition or enforcement\n\n(1) Recognition or enforcement of an arbitral award, irrespective of the\ncountry in which it was made, may be refused only:\n     (a) at the request of the party against whom it is invoked, if that party\nfurnishes to the competent court where recognition or enforcement is sought\nproof that:\n             (i)     a party to the arbitration agreement referred to in article 7\n                     was under some incapacity; or the said agreement is not\n                     valid under the law to which the parties have subjected\n                     it or, failing any indication thereon, under the law of the\n                     country where the award was made; or\n             (ii)    the party against whom the award is invoked was not given\n                     proper notice of the appointment of an arbitrator or of the\n                     arbitral proceedings or was otherwise unable to present his\n                     case; or\n             (iii) the award deals with a dispute not contemplated by or not\n                   falling within the terms of the submission to arbitration, or\n                   it contains decisions on matters beyond the scope of the\n                   submission to arbitration, provided that, if the decisions on\n                   matters submitted to arbitration can be separated from those\n                   not so submitted, that part of the award which contains deci-\n                   sions on matters submitted to arbitration may be recognized\n                   and enforced; or\n             (iv)    the composition of the arbitral tribunal or the arbitral proce-\n                     dure was not in accordance with the agreement of the parties\n                     or, failing such agreement, was not in accordance with the\n                     law of the country where the arbitration took place; or\n\n       The conditions set forth in this paragraph are intended to set maximum standards. It would, thus,\nnot be contrary to the harmonization to be achieved by the model law if a State retained even less\nonerous conditions.\n\n(v)    the award has not yet become binding on the parties or has\n                 been set aside or suspended by a court of the country in\n                 which, or under the law of which, that award was made; or\n     (b) if the court finds that:\n          (i)    the subject-matter of the dispute is not capable of settlement\n                 by arbitration under the law of this State; or\n          (ii)   the recognition or enforcement of the award would be\n                 contrary to the public policy of this State.\n\n(2) If an application for setting aside or suspension of an award has been\nmade to a court referred to in paragraph (1)(a)(v) of this article, the court\nwhere recognition or enforcement is sought may, if it considers it proper,\nadjourn its decision and may also, on the application of the party claiming\nrecognition or enforcement of the award, order the other party to provide\nappropriate security."}],"context":"These are external primary legal texts, publicly readable without enrolment. Holding or reading a text does not adopt it, make it law of this Court, or establish that it applies to a dealing. Check the parties' agreement, applicable law and the instrument's scope."}