December 2010
- Editorial
- Legal update
- Choices in arbitration: users' survey
- Dispute resolution in London
- Jivraj developments
- New UNCITRAL rules
- Noticeboard
- Focus on London: Professor Robert Merkin
By Ben Allen and Adam Hunter
UNCITRAL (the United Nations Commission on International Trade Law) has revised its frequently cited International Arbitration Rules. Arbitration agreements coming into effect after 15 August 2010 will now be subject to the following changes:
- 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).
An important omission in the Rules is a requirement of confidentiality. Although in some jurisdictions a duty of confidentiality is implied as a matter of law, this is not the case in every country. As confidentiality is not governed by the Rules, parties may wish to include this clause in their individual agreements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
