Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- 1 Introduction to International Commercial Arbitration
- 2 The Arbitration Agreement
- 3 Drafting the Arbitration Agreement
- 4 Applicable Laws and Rules
- 5 Judicial Assistance for Arbitration
- 6 The Tribunal
- 7 The Arbitral Proceedings
- 8 The Award
- 9 Attempts to Set Aside an Award
- 10 Enforcement of the Award
- 11 Investment Arbitration
- Appendices
- A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- C Annex I: Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- D Annex II: UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- E IBA Rules on Taking Evidence in International Commercial Arbitration
- F IBA Rules of Ethics for International Arbitrators (1987)
- G IBA Guidelines on Conflicts of Interests in International Arbitration
- H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- I Model Clauses
- J Useful Arbitration Websites
- Index
C - Annex I: Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- Frontmatter
- Contents
- Foreword
- Preface
- 1 Introduction to International Commercial Arbitration
- 2 The Arbitration Agreement
- 3 Drafting the Arbitration Agreement
- 4 Applicable Laws and Rules
- 5 Judicial Assistance for Arbitration
- 6 The Tribunal
- 7 The Arbitral Proceedings
- 8 The Award
- 9 Attempts to Set Aside an Award
- 10 Enforcement of the Award
- 11 Investment Arbitration
- Appendices
- A The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) (1958)
- B UNCITRAL Model Law on International Commercial Arbitration (original 1985 version)
- C Annex I: Revised Articles of the UNCITRAL Model Law on International Commercial Arbitration (2006)
- D Annex II: UNCITRAL Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the New York Convention
- E IBA Rules on Taking Evidence in International Commercial Arbitration
- F IBA Rules of Ethics for International Arbitrators (1987)
- G IBA Guidelines on Conflicts of Interests in International Arbitration
- H The AAA–ABA Code of Ethics for Arbitrators in Commercial Disputes
- I Model Clauses
- J Useful Arbitration Websites
- Index
Summary
Reprinted with permission of UNCITRAL
Document N∘ 25 / 276
A/61/17(SUPP).
[Article 1, paragraph 2]
2. The provisions of this Law, except articles 8, 9, 17 H, 17 I, 17 J, 35 and 36, apply only if the place of arbitration is in the territory of this State.
Article 2 A. International origin and general principles
In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.
Questions concerning matters governed by this Law which are not expressly settled in it are to be settled in conformity with the general principles on which this Law is based.
[Article 7]
OPTION I
Article 7. Definition and form of arbitration agreement
“Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
The arbitration agreement shall be in writing.
An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.
The requirement that an arbitration agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference; “electronic communication” means any communication that the parties make by means of data messages; “data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy.
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- Publisher: Cambridge University PressPrint publication year: 2008