Documente Academic
Documente Profesional
Documente Cultură
ON INTERNATIONAL
ARBITRATION
GROUP 2
ALBAY|AZADA CHUA|DEL CASTILLO|
LEYNES|MARCO|MILLERA| RAMOS|
SANTIAGO|SARMIENTO
BACKGROUND
TO THE
MODEL LAW
LEYNES, ALDRIN
PHILIP
UNITED NATIONS COMMISSION
ON INTERNATIONAL TRADE LAW
UNCITRAL
- Established by the General Assembly in 1966
- Resolution 2205(XXI) 17 December 1966
-60 member states elected by the General
Assembly
- 6 years term each(half expiring every 3
years)
- Geographic location and principal economic
and legal system as factors
UNCITRAL MODEL LAW ON INTERNATIONAL
COMMERCIAL ARBITRATION
MODEL LAW
- Adopted by UNCITRAL on 21 June 1985
- Harmonization and Unification of the Law of
International Trade
-Recommending that all States give due
consideration to the Model Law
- Advising to follow the Model Law as closely
as possible
WHY THE NEED FOR MODEL
LAW
Arbitral Tribunal
a sole arbitrator or a panel of arbitrators
Court
a body or organ of the judicial system of a state
Rules on Interpretation
Where a provision of this law, except article 28, leaves the parties
free to determine a certain issue, such freedom includes the right
of the parties to authorize a third party, including an institution,
to make that determination;
Where a provision of this law refers to the fact that parties have
agreed or that they mar agree or in any other way refers to an
agreement of the parties, such agreement includes any
arbitration rules referred to in that agreement
SANTIAGO,
APRIL
COMPOSITION OF ARBITRAL
TRIBUNALS
APPOINTMENT OF
ARBITRATORS
IN DEFAULT
OF
Appointment of arbitrators(SOLE
DE
AGREEMENT
(3
PLAI ARBI ARBITR
PLAI FE
ARBITRATOR NTIF OTH
ND
S)
NTIF TRAT REQUEST
ATOR) ER
F OR 1ARBI F BY BOTHAN
CO AUT
T
URPARTIES
HOR
TRAT TO
DE OR 3 T ITY
FE ARBI APPOINT
SOLE
ND TRAT ARBI
AN OR 2 TRAT
T OR
PART I: COMPOSITION & APPOINTMENT
APPOINTMENT OF
ARBITRATORS
UNLESS other means for securing appointment is
agreed upon
under appointment procedure agreed upon by
parties;
A. A party fails to act as required under such procedure
B. The parties, or two arbitrators, are unable to reach an
agreement expected of them under such procedure, or
C. A third party, including an institution, fail to perform any
function entrusted to it.
COMPOSITION OF ARBITRAL
TRIBUNAL
{
BECOMING AWARE OF CONSTITUTION
S DE
GROUNDS
ONS
CONTINUES TRI CHALLEN
GED NOTICE
JURE
WITH
FAILS OF
ARBITRATIO NATIO BU ARBITRAT
OR
PARTY
OF
DECISIO
/ DE
CHAL N OF
N N
TO
FACT NAL TERMINATI
WITHDRA
AGREES
WS
TO
REQUE
REJECTI
NG
OLENGMAND DE ON WITHIN
ACT CHALLE
WITH E ST THE
NGE
UNA
BLE
ATE
APPOINT NO APPEALSCI
(30)
OTHER
DAYS
OUT DE
PROCEDURE TO
UND MENT &OF AUTHO
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ORM SUBSTITU
UE
TERMINATIONDELA
FUN TE OF MANDATE
CTIOY ARBITRAT
JURISDICTION OF
ARBITRAL
TRIBUNAL
CHAPTER IV OF UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
ALBAY, KEENZY
COMPETENCE OF ARBITRAL
TRIBUNAL TO RULE ON ITS
JURISDICTION
ARBITRAL TRIBUNAL
-Sole arbitrator or a panel of
arbitrators. (Article 2 of
UNCITRAL Model Law)
JURISDICTION
-the right to act or the power and
authority to hear and determine a
cause.
-the authority by virtue of which
it can resolve disputes in an
arbitration proceeding by
rendering an award thereon.
JURISDICTION OVER THE SUBJECT
MATTER
1.Lack of Jurisdiction
2.Excess of Jurisdiction
The arbitral tribunal may rule
on its own jurisdiction,
including any objections with
respect to the existence or
validity of the arbitration
agreement.
PRINCIPLE OF SEPARABILITY
OR SEVERABILITY
1.Agreement to submit to
arbitration
2.Submission agreement
POWER OF ARITRAL
TRIBUNAL TO ORDER INTERIM
Unless otherwise agreed by the
MEASURES
parties, the arbitral tribunal may, at
the request of a party, order any
party to take such interim measure
of protection
As the arbitral tribunal may consider
necessary in respect to the subject
matter of the dispute.
The arbitral tribunal may require any
party to provide appropriate
security in connection with such
measure.
*The procedure for granting interim measures in ICA(page
87)
CHAPTER V:
CONDUCT OF
ARBITRAL
PROCEEDINGS
DEL CASTILLO, LARA ANNE C.
ARTICLE 18 EQUAL TREATMENT
OF PARTIES
The arbitral proceedings in respect of a particular
dispute commence on the date on which a request
for that dispute to be referred to arbitration is
received by the respondent
ARTICLE 22 LANGUAGE
Parties are free to agree on the language/s to be used in
the arbitral proceedings. This agreement or
determination shall apply to any written statement by a
party, any hearing and any award, decision or other
communication by the arbitral tribunal
The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the
language/s agreed upon by the parties or determined by
the arbitral tribunal
ARTICLE 23 STATEMENT OF
CLAIM AND DEFENSE
Within the period of time agreed by the parties or
determined by the arbitral tribunal, the claimant
shall state his defense in respect of these
particulars, unless the parties have otherwise
agreed as to the required elements of such
statements
Either party may amend or supplement his claim or
defense during the course of the arbitral
proceedings, unless considered inappropriate
ARTICLE 24 HEARINGS AND
WRITTEN PROCEEDINGS
The arbitral tribunal shall decide whether to hold oral
hearings for the presentation of evidence or for oral
argument, or whether the proceedings shall be
conducted on the basis of documents and other
materials
ARTICLE 25 DEFAULT OF A PARTY
If without showing sufficient cause:
A. the claimant fails to communicate his
statement of claim in accordance with Art 23
(1)
B. the respondent fails to communicate his
statement of defense in accordance with Art
23 (1)
C. any party fails to appear at a hearing or to
produce documentary evidence
ARTICLE 26 EXPERT APPOINTED BY THE
ARBITRAL TRIBUNAL
The tribunal may:
MILLERA, ROME
Article 28. Rules Applicable
to Substance of Dispute
1) The arbitral tribunal shall decide the dispute in
accordance with such rules of law as are chosen by
the parties as applicable to the substance of the
dispute.
2) Failing any designation by the parties, the arbitral
tribunal shall apply the law determined by the
conflict of laws rules which it considers applicable.
3) The arbitral tribunal shall decide ex aequo et
bono or as amiable compositeur only if the parties
have expressly authorized it to do so.
4) In all cases, the arbitral tribunal shall decide in
accordance with the terms of the contract and shall
take into account the usages of the trade applicable
to the transaction.
Article 29. Decision Making
by Panel of Arbitrators