The Regulatory Framework of International Commercial Arbitration: The Amended UNCITRAL Rules

Abstract

The regulatory framework of international commercial arbitration involves three instruments at general multilateral level: The New York Convention on Recognition and Enforcement of Foreign Arbitral Awards of 1958; The UNCITRAL Model Law on International Commercial Arbitration of 1985; The UNCITRAL Arbitration Rules of 1976, revised in 2010. The UNCITRAL Arbitration Rules are a widely used set of arbitration rules: they are the only major set of general arbitration rules not associated with a specific arbitration institution. The Arbitration Rules remain general in scope, applicable to all sorts of arbitrations, having avoided including provisions dealing with specific types of arbitral proceedings, in particular, investor-state arbitrations. This chapter deals with the following: (1) broader subject-matter jurisdiction; (2) requirement of an agreement in writing; (3) applicable law; (4) defences, counter-claims and set-offs; (5) joinder of parties; (6) provisional measures; (7) confidentiality and privacy; and (8) the role of the PCA as default authority. Keywords: International Commercial Arbitration; investor-state arbitrations; PCA; regulatory framework of international commercial arbitration; UNCITRAL arbitration rules