What does Article 34 2 of the 2010 uncitral arbitration rules stipulate?
2. If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed according to the method agreed upon by the parties.
What is the difference between UNCITRAL Model Law and rules?
The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute.
What is the time limit for appointment of arbitration?
Therefore, the period within which an arbitrator may be appointed by the appointing authority in a domestic arbitration can in no event be more than 60 days.
What is the role of UNCITRAL?
The official function of the UNCITRAL is the modernization and harmonization of rules on international business. The organization is responsible for helping to facilitate international trade and investment. The annual sessions of UNCITRAL are held alternately in New York City and Vienna, where it is headquartered.
What are the main aspects of UNCITRAL?
These include: conventions, model laws and rules which are acceptable worldwide; legal and legislative guides and recommendations of great practical value; updated information on case law and enactments of uniform commercial law; technical assistance in law reform projects; regional and national seminars on uniform …
What is role of UNCITRAL model law?
UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006. The Model Law is designed to assist States in reforming and modernizing their laws on arbitral procedure so as to take into account the particular features and needs of international commercial arbitration.
What is section 11 of arbitration Act?
11. Appointment of arbitrators. —(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
What does arbitration Act section 11 provide?
11. Power to Court to remove arbitrators or umpire in certain circumstances. (1) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award.
What is the difference between Lex Fori and lex arbitri?
Lex Fori means the law of Court in which the proceeding is brought whilst Lex Arbitri is the law of the place where the arbitration takes place.
Can a consolidation be a challenge in UNCITRAL arbitration?
Accordingly, under the UNCITRAL Arbitration Rules, consolidation without the consent of the parties is a challenge. Likewise, the AAA Commercial Arbitration Rules do not contain any provisions on the consolidation of multiple arbitrations. Thus, under the AAA Rules as well, consolidation without the consent of the parties is a challenge.
When did the UNCITRAL arbitration rules become effective?
The UNCITRAL Arbitration Rules (as revised in 2010) have been effective since 15 August 2010. They include provisions dealing with, amongst others, multiple-party arbitration and joinder, liability, and a procedure to object to experts appointed by the arbitral tribunal.
Are there any ad hoc rules for international arbitration?
For instance, the UNCITRAL Arbitration Rules – likely the most widely used set of ad hoc rules in international arbitration – do not contain any provisions on the consolidation of multiple arbitrations with or without the consent of the parties.
How does the definition of costs work in arbitration?
Under art.40(e), the definition of costs covers “the legal and other costs incurred by the parties in relation to the arbitration”, whereas the 1976 Rules had limited coverage to the legal costs of the successful party alone. The tribunal’s discretion is therefore now extended to addressing all parties’ costs.