UNCITRAL Arbitration Rules, 2010: Comment on Certain Revisions

Indian Journal of Arbitration Law, Volume 2, Issue 2 (2013)

19 Pages Posted: 2 Dec 2013

Date Written: August 29, 2013

Abstract

Almost thirty five years after the publication of the UNCITRAL Arbitration Rules, 1976, the UNCITRAL has revised its arbitration rules. The Working Group of the UNCITRAL on Arbitration and Conciliation discussed the possible revisions to the said Rules for about eight sessions and completed the same after nearly four years of discussion. The UNCITRAL Arbitration Rules, 2010 were adopted by the UNCITRAL on 25 June 2010 and by the General Assembly of the United Nations on 6 December 2010. This paper comments on certain critical aspects of the 2010 Rules viz., (1) the power of the arbitral tribunal to rule on its own jurisdiction, (2) interim measures, (3) immunity of arbitrators, and (4) costs and fee in arbitration. In addition, the paper briefly analyses the recently published UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and related amendment to the UNCITRAL Arbitration Rules, 2010. The paper also makes note of certain small revisions relating to examination of witnesses without their physical presence, power of the tribunal to appoint experts and the procedure for challenge of experts by the parties. The paper concludes by providing an overview of the level of response of the international arbitration community to the 2010 Rules.

Keywords: UNCITRAL Arbitration Rules, International Commercial Arbitration, International Investment Arbitration, Transparency in International Arbitration, Ad hoc Arbitration, UNCITRAL

JEL Classification: K10, K30, K33, K39, K40, K41

Suggested Citation

Srinivasan, Badrinath, UNCITRAL Arbitration Rules, 2010: Comment on Certain Revisions (August 29, 2013). Indian Journal of Arbitration Law, Volume 2, Issue 2 (2013), Available at SSRN: https://ssrn.com/abstract=2352957

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