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dictionaries, Oxford living. https://en.oxforddictionaries.com/definition/essential. [Online] [Cited: 3 28, 2019.]
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NATIONS, UNITED. UNCITRAL Model Law on International Commercial Arbitration 1985 With amendments as
adopted in 2006. Vienna : UNITED NATIONS PUBLICATION, 2008. Sales No. E.08.V.4
Leithol Pompeo Acencios Falcon ID 19028583
The Model Law gathers salient features for the improvement of national laws. These are the
following:
2.1.0 Special procedural regime for international commercial arbitration
The main goal is to reduce or eliminate the inadequacies and disparities of national laws.
2.1.1 Substantive and territorial scope of application
The article (1) of model law defines that3:
“…the scope of application of the Model Law by reference to
the notion of “international commercial arbitration”. The Model Law defines an
arbitration as international if “the parties to an arbitration agreement have, at the
time of the conclusion of that agreement, their places of business in different States.”
The territorial scope3:
“…The principle embodied in article 1 is that the Model Law as enacted in a given State
applies only if the place of arbitration is in the territory of that State. However,
article 1 also contains important exceptions to that principle, to the effect that
certain articles apply, irrespective of whether the place of arbitration is in the enacting
State or elsewhere (or, as the case may be, even before the place of arbitration
is determined).”
2.1.2 Delimitation of court assistance and supervision
Parties have the tendency to exclude the court involvement in international commercial
arbitration, so the model law’s amendments show a trend of limiting and defining the court
jurisdiction.
2.2.0 Arbitration agreement
2.2.1 Definition and form of arbitration agreement
The Model law’s article 7, that was amended in 2006, states two approaches of definition and
form of arbitration agreement. The first approach does not require signatures of the parties. The
second one omits any form requirement.
2.3.0 Composition of arbitral tribunal
The parties have the freedom to lay down the rules of procedure, and if they failed, the Model
Law ensures that the arbitration would proceed effectively.
2.4.0 Jurisdiction of arbitral tribunal
2.4.1 Competence to rule on own jurisdiction
Article (16) of Model Law points out two essential principles:
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NATIONS, UNITED. UNCITRAL Model Law on International Commercial Arbitration 1985 With amendments as
adopted in 2006. Vienna : UNITED NATIONS PUBLICATION, 2008. Sales No. E.08.V.4
Leithol Pompeo Acencios Falcon ID 19028583