ACTU : Revised United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules

Catherine MAIA

In June 2010, the United Nations Commission on International Trade Law (UNCITRAL) has adopted the revised UNCITRAL Arbitration Rules, amending the original UNCITRAL Arbitration Rules, which have been in place since 1976. The Rules, a set of procedural rules that govern the settlement of disputes between various commercial entities, are, according to UNCITRAL, “recognized as of one of the most successful international instruments of a contractual nature in the field of arbitration.”

Some of the changes include: a list of required documents that must accompany both the “notice to arbitrate” (Article 3(3)(a)-(g)) and the “response” thereto (Article 4(2)(a)-(f)); provision on multiple parties and joinder of third parties (Article 17(5)); more comprehensive rules regarding the appointment and replacement of arbitrators (Articles 7-15); a new provision dealing with the waiver of liability of arbitrators and other appointed individuals (Article 16); and more comprehensive rules regarding interim measures (Article 26).

One modernizing revision is found in Article 2, which allows that documents between the parties, including the notice to arbitrate, may be “transmitted by any means of communication that provides or allows for a record of its transmission.” Moreover, Article 2(1) provides that in certain circumstances “delivery by electronic means such as facsimile or email” is acceptable. This language demonstrates the drafters’ intent to respond to the current trend promoting e-communication.