ABOUT INTERNATIONAL TRADE ARBITRATION
EXAMPLE UNSITRAL
THE LAW

 

Adopted by the United Nations Commission on International Trade Law on 21 June 1985

(Economics and Law. 1994. № 6. P. 125-138.)

 

CHAPTER 1. GENERAL PROVISIONS

Article 1. Scope of application 1
1. This Law shall apply to international trade arbitration, subject to the observance of any agreement between any State and any other State or States.
2. The provisions of this Law, with the exception of Articles 8, 9, 35 and 36, shall apply only if the place of arbitration is in the territory of the said State.
3. Arbitration shall be considered international in the following cases:
a) the commercial enterprises of the parties to the arbitration agreement are in separate states at the time of signing the agreement; or
b) when one of the following places is outside the borders of the countries where the commercial enterprises are located:
(I) the place of arbitration is determined by or in accordance with the arbitration agreement;
(Ii) any place where most of the obligations arising from trade agreements are exercised, or any place which is more closely connected with the subject matter of the dispute; or
c) the parties have directly agreed that the subject of the arbitration agreement is related to more than one country.
4. For the purposes of paragraph 3 of this Article, if:
a) the parties have more than one commercial enterprise; When an entity is more involved in an arbitration agreement, it is considered a commercial entity.
b) if the parties do not own a commercial enterprise, the place where the arbitration agreement is concluded shall be taken into account.
5. This Law shall not affect the effect of any other law of the said State. Certain disputes that arise for this reason may not be submitted to arbitration, or may be submitted to arbitration only in accordance with provisions other than those contained in this Law.

Article 2. Rules and definitions of comments
For the purposes of this Law:
(a) Any arbitration, whether or not it is effected through a permanent arbitral tribunal, shall be deemed to be "arbitration".
b) a single arbitrator or a panel of arbitrators shall be deemed to be an "arbitral tribunal".
(c) The judicial system or organizations of the State shall be deemed to be "courts".
(d) Where any provision of the Act, with the exception of Article 28, allows the parties to take a decision on the matter, the parties may entrust the decision to any third party, including the enterprise.
e) if the parties agree or may agree to refer to the agreement of the parties in any provision of this Law, or if the agreement of the parties is referred to in any other form, this agreement shall include any arbitration rules specified in this agreement.
(f) when a claim is referred to in any provision of this Law, with the exception of Articles 25 (a) and 32 (2), it shall apply to the claim of the other party; as well as any objections from the parties.

Article 3. Obtaining written information
1. If the parties do not have other agreements:
a) any written information shall be deemed to have been received in person or when it is delivered to the addressee in person or to his commercial establishment at his postal address; If it cannot be determined that the information has been obtained in this way, the written information shall be deemed to have been received when it is delivered by registered mail or by any other means of registration to the postal address at the last known address where the commercial enterprise is located.
b) received on the day of delivery of the information.
2. The provisions of this Article shall apply to information in the course of court proceedings.

Article 4. Waiver of the right to protest
Even if the parties know that they may deviate from any provision of this Law, or if any student participates in the arbitration proceedings without objection within the period prescribed for such actions, even if the student is not complied with under the arbitration agreement, is considered to have waived the right to protest.

Article 5. Limits of judicial intervention
Judicial interference in matters regulated by this Law shall not be allowed, except as provided in this Law.

Article 6. A court or other body to assist and supervise the performance of the functions of the arbitral tribunal.
The functions specified in paragraphs 3 and 4 of Article 11, paragraph 3 of Article 13, Article 14, paragraph 3 of Article 16 and paragraph 2 of Article 34 shall be performed. (Each State shall, by enacting this Model Law, establish courts, tribunals, or other competent bodies provided for in the text of the Act to supervise the performance of the functions assigned to it).

CHAPTER 2. ARBITRATION AGREEMENT

Article 7. Form and definition of arbitration agreement
1. "Arbitration agreement" - all or certain disputes between the parties concerning any powers which have arisen or may arise, depending on whether they are contractual or not.