The Model Law

The UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”) has the twin objectives of harmonising national arbitration laws and providing a model for developing countries. Originally adopted by UNCITRAL in 1985, a series of amendments were introduced in 2006.

Legislation based on the Model Law has been adopted in more than 70 countries, click here to view the current list.As will be seen, not all have based their legislation on the 2006 amendments. It is also possible that any particular state may, although basing its legislation on the Model Law, include local deviations.

The Model Law covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award. It reflects worldwide consensus on key aspects of international arbitration practice. The Model Law provides that the national courts can assist, rather than intervene in the arbitration. Courts cannot review the merits of the arbitral award and the grounds for setting aside an arbitral award are the same as under the New York Convention. There is a time limit of 3 months from the date on which the party making the application received the award. The 2006 amendments introduce a more comprehensive legal regime to deal with the granting of interim measures and revisions to better conform with international contract practices.

The Model Law is considered to be ‘pro-enforcement’. The grounds for resisting enforcement are the same as the New York Convention, but subject to these grounds the Model Law will cause an award to be enforced irrespective of the country in which the award was made.