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Article 2 - Definitions and Rules of Interpretation

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

During the drafting of the Model Law, article 2 was a relatively uncontroversial provision. The drafters never meant to include an exhaustive list of definitions for all the terms and notions that the Model Law refers to, or to set forth an articulate body of rules determining how the Law should be interpreted. Less ambitiously, the Commission simply aimed at offering some basic clarifications, in order to avoid certain foreseeable misunderstandings and guide the interpretation of the Law. Article 2, hence, is best understood as a set of ‘targeted interventions’, addressing specific points without any pretence at completeness. It must be also noted that, despite its title (‘Definitions and rules of interpretation’), article 2 is not the only provision of the Model Law where definitions can be found: the notion of ‘arbitration agreement’, for instance, is defined at article 7(1), and the notion of ‘interim measure’ is defined in article 17(2).

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Publisher: Cambridge University Press
Print publication year: 2020

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