Alternative Dispute Resolution (ADR): Arbitration Part II – Arbitration Law and Rules

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What Law and Rules Govern Arbitration Proceedings?

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UNCITRAL Model Law and Arbitration Rules[1] provide an industry benchmark for the conduct of arbitration proceedings.

Even where these are not fully adopted by an arbitration institution, ‘the Rules’ normally provide the starting point for individual institutional rules.  

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The law and rules applicable to arbitration collectively govern the entire arbitration process and also provide the arbitrator(s) with the necessary powers to act. In both cases, these deal with procedural issues only.

The UNCITRAL Model Law and Arbitration Rules (‘the Rules’[2]) provide an industry benchmark and, even where not fully adopted by an institution managing an arbitration, these have been influential on the drafting of institutional rules.

Taking ‘the Rules’ as an example, these provide procedural rules and conduct for an arbitration and regulate the following key areas:

  • Introductory Rules – including notices and representation (this section also includes a model arbitration clause)
  • Composition of the Arbitral Tribunal – including number, appointment and replacement of arbitrator(s)
  • Arbitral Proceedings – including place, language, procedural steps, experts and default
  • The Award – including interpretation, correction and costs

A set of rules provides the necessary structure and framework for the conduct of the arbitration for all steps from commencement of arbitral proceedings through to notification of the final award.


[1] UNCITRAL (United Nations Commission on International Trade Law – www.uncitral.org): (1) UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission 1985, amended 2006 and (2) UNCITRAL Arbitral Rules adopted by the United Nations Commission 1976, amended 2010

[2] UNCITRAL (United Nations Commission on International Trade Law – www.uncitral.org): (1) UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission 1985, amended 2006 and (2) UNCITRAL Arbitral Rules adopted by the United Nations Commission 1976, amended 2010

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