UNCITRAL Revises International Arbitration Rules

After 34 years, the United Nations Commission on International Trade Law (UNCITRAL) has revised its International Arbitration Rules. The revised Rules seek to expedite the arbitration process and account for changes in technology since the Rules were originally adopted in 1976. According to Ben Allen and Adam Hunter of Norton Rose LLP’s Sydney Office, the following changes apply to international arbitration agreements that took effect after August 15, 2010:

Parties no longer have to agree in writing that the UNCITRAL rules will apply to the arbitration. Any record that displays an agreement to be bound by the Rules is sufficient (Article 1).

The Notice of Arbitration may now be transmitted electronically; arguments that address sufficiency of notice will no longer hinder the constitution of the tribunal (Articles 2 & 3).

Parties waive the right to bring any claim against the arbitrators and the appointing authority based on any act or omission in connection with the arbitration (other than intentional wrongdoing) (Article 16).

Third parties may now be joined to the proceedings and claims made against them in response to the Notice of Arbitration (Article 17).

New interim measures outline the Tribunal’s power to require the applicant to provide security, to alter or terminate the interim measure imposed and use costs and damages awards to prevent or compensate for abuse of the procedure (Article 26).

The revised Rules introduce the right to external review and correction of arbitrators’ fees (Article 41).

The revised Rules do not govern confidentiality. You may read more about the revisions here and here.

Disputing previously discussed the new Rules here.

Technorati Tags: law, ADR, arbitration