INTERNATIONAL DOCUMENTS ON MEDIA
ON INTERNATIONAL COMMERCIAL CONTRACTING PROCEDURE
UNCITRAL EXAMPLE LAW (2002)
Article 1. Scope and definitions
1. This Law shall apply to the International 2 Commercial 3 Conciliation Procedure.
2. For the purposes of this Law, "mediator" means one or two or more intermediaries, depending on the circumstances of the case.
3. For the purposes of this Law, "conciliation procedure" means a conciliatory, mediating or equally important term applied by the parties to a third party or persons ("mediator") to assist in the peaceful settlement of a dispute arising from a contract or other legal relationship; expressed, indicates the process. The mediator does not have the power to force the parties to resolve the dispute.
4. The conciliation procedure is considered international if:
(a) the commercial establishments of the Contracting Parties are located in the various States to which the Agreement has been signed; or
(b) the States in which the commercial establishments of the Parties are located are different;
(i) the State in which most of the obligations arising from commercial relations have been performed; or
(ii) the State to which the subject matter of the dispute relates.
5. For the purposes of this Agreement:
(a) if the party owns more than one commercial enterprise, the enterprise that is most closely related to the settlement agreement shall be deemed to be the commercial enterprise;
(b) if the party does not own a commercial establishment, its place of residence shall be invoked.
6. This Law shall also apply if the parties agree that the conciliation procedure is of an international nature or if they agree with the application of this Law.
7. The Parties may, at their discretion, agree to exclude the application of this Law.
8. Subject to the provisions of paragraph 9 of this Law, this Law shall be based on the obligation established by law, court, arbitration or order or proposal issued by the competent state body, including an agreement concluded before or after the dispute between the parties. applies regardless.
9. This Law does not apply:
(a) during the trial or arbitration proceedings, when a judge or arbitrator attempts to influence the course of the settlement process;
(b) [. . .]
Article 2. Interpretation of the law
1. The interpretation of this Law shall take into account its international origin, ensure the uniformity and conscientious implementation of its application.
2. Matters relating to the subject of the Law, but not directly reflected in it, shall be resolved in accordance with the general principles on which this Law is based.
Article 3. Amendment by agreement
Except for the provisions of Article 2 and paragraph 3 of Article 6, the parties may agree to exclude or amend any other provisions of this Law.
Article 4. Commencement of conciliation procedure1
1. The conciliation process in respect of a dispute shall begin on the day when the parties to the dispute agree to begin the process.
2. If the proposal of one of the parties to apply to the conciliation process to the other is not accepted by the other party within thirty days from the date of its sending or within the other time specified in the proposal, the proposal of that party to the conciliation process shall be deemed rejected.
Article 5. Number and appointment of intermediaries
1. If the parties do not agree on the appointment of two or more mediators, one mediator shall be appointed.
2. Unless otherwise agreed in advance on the other appointment process, the parties shall try to agree on the appointment of a mediator or mediators.
3. The Parties may seek the assistance of the relevant institution or person in connection with the appointment of a mediator. In particular:
(a) If a Party requests such an institution or person to recommend suitable persons to be appointed as intermediaries; or
(b) if the parties agree that one or more intermediaries shall be appointed directly by such institution or person.
4. The institution or person recommending or appointing individuals as mediators shall ensure the appointment of an independent and impartial mediator and, if necessary, take into account the expediency of appointing a mediator with a different citizenship from the parties.
5. When applying to a person in connection with his appointment as a mediator, he must openly state all the circumstances that may cast doubt on his impartiality and independence. The mediator shall, without delay, notify the parties of such circumstances from the time of their appointment and throughout the conciliation process, unless the parties have been notified in advance.
Article 6. Conducting a conciliation procedure
1. The Parties shall, at their discretion, determine the form of the conciliation procedure through regulations or otherwise.
2. In the absence of agreement on the procedure for conciliation, the mediator may conduct the proceedings as he deems appropriate, taking into account the circumstances of the case, the wishes of the parties and the need for a speedy settlement of the dispute.
3. Relation to the mediating parties in each case during the proceedings