UNSITRAL ARBITRATION REGULATIONS
JUNISTRAL ARBITRATION REGULATIONS
Adopted December 15, 1976
December 15, 1976
Resolution 31/98 adopted by the General Assembly
United Nations Commission on International Trade Law
Recognizing the importance of arbitration as a method of settling disputes arising in the context of international trade relations,
Believing that the development of special arbitration regulations for countries with different legal, social and economic systems would be a valuable contribution to the harmonious development of international economic relations;
Considering that the Arbitration Regulations of the United Nations Commission on International Trade Law were prepared after lengthy consultations with arbitration organizations and international trade arbitration centers,
Noting that the Arbitration Rules were adopted by the United Nations Commission on International Trade Law at its ninth session * after substantive discussion,
1. Recommends that the United Nations Commission on International Trade Law use the Arbitration Rules in resolving disputes arising in the context of international trade relations, in particular in commercial agreements, with reference to the Arbitration Rules;
2. Requests the Secretary-General to ensure that the rules of arbitration are as widely disseminated as possible.
JUNISTRAL ARBITRATION REGULATIONS
SECTION 1. INTRODUCTION PROVISIONS
SCOPE OF APPLICATION
Article 1 1. If the Parties agree to submit in writing to the contract ** the disputes related to that contract to arbitration on the basis of the UNCITRAL Arbitration Regulations, such disputes shall be resolved on the basis of this Regulation with changes to which the parties may agree in writing.
2. This Regulation regulates the arbitration proceedings, except in cases when its rules contradict the norms of the law which the parties cannot refuse. In exceptional cases, the norm of that law shall apply.
ANNOUNCEMENTS, CALCULATION OF PERIOD
1. Any information, notice, warning or proposal in accordance with this Regulation shall be deemed received if it is submitted to the party or delivered to his place of residence, to the last known address of the commercial enterprise or to the postal address of the party. The notice shall be deemed received on the day of its submission or delivery.
2. The calculation of deadlines in accordance with this Regulation shall begin on the day following the day of receipt of the notification, notice, information or proposal. If the last day of the period falls on an official holiday or day off in the place of residence of the addressee or the location of the commercial enterprise, then the period is extended until the next business day. Official holidays and non-working days during this period are also calculated within the period.
NOTICE OF ARBITRATION
1. The party initiating the arbitral proceedings (hereinafter referred to as the "plaintiff") shall notify the other party (hereinafter referred to as the "defendant") of the arbitration.
2. The arbitral proceedings shall be deemed to have begun from the date on which the respondent receives the notification of arbitration.
3. The notice of arbitration shall contain the following:
a) a request to submit the dispute to arbitration;
b) names and addresses of the parties;
c) reference to the relevant arbitration clause or a separate arbitration agreement;
d) causing a dispute or referring to the contract on the dispute;
d) a general statement of the nature of the dispute and, where appropriate, a determination of the amount of the dispute;
Note - The Parties may add the following:
a) authorized body ... (name of enterprise or name of person);
b) number of arbitrators ... (one or three);
c) place of arbitration ... (city or country);
d) the language (s) of the arbitral tribunal ... in the event that disputes relating to this Agreement are submitted to arbitration in accordance with the UNCITRAL Arbitration Rules, such disputes shall be settled in accordance with this Regulation as amended by written agreement of the parties.
e) the content of the claim;
j) a proposal on the number of arbitrators (one or three) if the parties do not agree in advance on the number of arbitrators.
4. The notice of arbitration may also contain the following:
(a) A proposal for the appointment of a sole arbitrator or competent authority, as provided for in paragraph 1 of Article 6;
(b) Notification of the appointment of an arbitrator to hear the case on his own, as provided for in Article 7;
(c) a statement of claim referred to in Article 18.
REPRESENTATION AND ASSISTANCE
The Parties may be represented by persons of their choice or with the assistance of such persons. The other party must be notified in writing of the names and addresses of such persons; the notice shall state that the appointment was made for the purpose of representation or assistance.
SECTION II. COMPOSITION OF ARBITRATION COURT
NUMBER OF ARBITRATORS
If the parties agree in advance on the number of arbitrators (one or three)