The UNCITRAL Model Law: New Draft Arbitration Acts in Germany and Sweden

Abstract

### (a) The success of the Model Law The UNCITRAL Model Law on Arbitration was adopted by the United Nations on 11 December 1985 as a recommendation to the states that they take account of it when changing existing or enacting new legislation dealing with international commercial arbitration. Meanwhile, this recommendation has been followed by an increasing number of nations, including, e.g . Canada (‘Commercial Arbitration Act’ dated 17 June 1986), Australia (‘International Arbitration Amendment Act 1989, in force since 12 June 1989) and some US States.1 In Europe, the Model Law has been adopted as a pattern for modern arbitration acts only in a few countries: Bulgaria (‘Law on International Commercial Arbitration’, dated 29 July 1988), Cyprus (‘The International Commercial Arbitration Law’ of 1987), the Russian Federation (‘Law on International Commercial Arbitration’, dated 7 July 1993) and Scotland (‘Law Reform (Scotland) Act 1990, section 66, Schedule 7, in force since 1 January 1991). However, of those countries in which, traditionally, most of the arbitration proceedings take place, for example England and Switzerland, none has so far adopted the Model Law entirely or partially.2 Therefore, it is particularly interesting to note, that two states of Western Europe, Sweden and Germany, are considering following the recommendation given by the UN 10 years ago. ### (b) The Situation in Germany The law on arbitration in Germany is more than 100 years old. The provisions that regulate domestic and international arbitration are part of the Act on Civil Procedure (Zivilprozesordnung, ZPO) which was enacted in 1877 and amended in 1930 and 1986, but only with respect to some non-essential issues. The ratification of international treaties such as the 1958 New York Convention and the ongoing modification of the present act by case law of the Budesgerichtshof, makes if difficult and even impossible for foreign lawyers to get reliable knowledge of the German law on arbitration. …