Abstract

THE AMERICAN Arbitration Association handled over 500 international arbitrations last year. Some of them involved sovereigns or agencies of sovereigns and used the UNCITRAL Rules. The UNCITRAL Rules are an alternative in several BITs. I am, of course, referring to the Arbitration Rules of the United Nations Commission on International Trade Law which were adopted in 1976. The UNCITRAL Rules have influenced several other international rules, including the AAA's international rules and the rules used for the Iran-US Claims Tribunal, and NAFTA permits investors to choose either ICSID or UNCITRAL. If one decides to use the UNCITRAL Rules, the default provision regarding the number of arbitrators is three. If parties wanted to designate only one, they would have specifically to so designate. The place of arbitration and the language should also be designated. From our experience at the AAA, almost all cases are done in English, although an increasing number are being done in Spanish from start to finish, including the correspondence. In the …

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