Section 134p. 134

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

UNCITRAL ARBITRATION RULES

SECTION I Introductory Rules

ARTICLE 1

Scope of Application

1. Where the parties to a contract have agreed in writing *

that disputes in relation to that contract shall be referred

to arbitration under the UNCITRAL Arbitration Rules, then

such disputes shall be settled in accordance with these

Rules subject to such modification as the parties may

agree in writing.

2. These Rules shall govern the arbitration except that

where any of these Rules is in conflict with a provision of

the law applicable to the arbitration from which the

parties cannot derogate, that provision shall prevail.

* MODEL ARBITRATION CLAUSE

Any dispute, controversy or claim arising out of or relating

to this contract, or the breach, termination or invalidity

thereof, shall be settled by arbitration in accordance with

the UNCITRAL Arbitration Rules as at present in force.

Note - Parties may wish to consider adding:

(a) The appointing authority shall be . . . (name of

institution or person);

(b) The number of arbitrators shall be . . . (one or three);

(c) The place of arbitration shall be . . . (town or country);

(d) The language(s) to be used in the arbitral proceedings

shall be . . .

ARTICLE 2

Notice, Calculation of Periods of Time

1. For the purposes of these Rules, any notice, including a

notification, communication or proposal, is deemed to

have been received if it is physically delivered to the

addressee or if it is delivered at his habitual residence,

place of business or mailing address, or, if none of these

can be found after making reasonable inquiry, then at the

addressee's last-known residence or place of business.

Notice shall be deemed to have been received on the day

it is so delivered.

2. For the purposes of calculating a period of time under

these Rules, such period shall begin to run on the day

following

the

day

when

a

notice,

notification,

communication or proposal is received. If the last day of

such period is an official holiday or a non-business day at

the residence or place of business of the addressee, the

period is extended until the first business day which

follows. Official holidays or non-business days occurring

during the running of the period of time are included in

calculating the period.

ARTICLE 3

Notice of Arbitration

1. The party initiating recourse to arbitration (hereinafter

called

the

"claimant")

shall

give to the other party

(hereinafter

called

the

"respondent")

a

notice

of

arbitration.

2. Arbitral proceedings shall be deemed to commence on

the date on which the notice of arbitration is received by

the respondent.

3. The notice of arbitration shall include the following:

(a) A demand that the dispute be referred to arbitration;

(b) The names and addresses of the parties;

(c) A reference to the arbitration clause or the separate

arbitration agreement that is invoked;

(d) A reference to the contract out of or in relation to

which the dispute arises;

(e) The general nature of the claim and an indication of

the amount involved, if any;

(f) The relief or remedy sought;

(g) A proposal as to the number of arbitrators (i.e. one or

three), if the parties have not previously agreed thereon.

4. The notice of arbitration may also include:

(a) The proposals for the appointments of a sole arbitrator

and an appointing authority referred to in article 6,

paragraph 1;

(b) The notification of the appointment of an arbitrator

referred to in article 7;

(c) The statement of claim referred to in article 18.

ARTICLE 4

Representation and Assistance

The parties may be represented or assisted by persons of

their choice. The names and addresses of such persons

must be communicated in writing to the other party;

such

communication

must

specify

whether

the

appointment

is

being

made

for

purposes

of

representation or assistance.

SECTION II Composition of the Arbitral Tribunal

ARTICLE 5

Number of Arbitrators

If the parties have not previously agreed on the number

of arbitrators (i.e. one or three), and if within fifteen days

after the receipt by the respondent of the notice of

arbitration the parties have not agreed that there shall be

only one arbitrator, three arbitrators shall be appointed.

ARTICLE 6

Appointment of Arbitrators

1. If a sole arbitrator is to be appointed, either party may

propose to the other:

(a) The names of one or more persons, one of whom

would serve as the sole arbitrator; and

(b) If no appointing authority has been agreed upon by

the

parties,

the

name

or

names

of

one

or

more

institutions or persons, one of whom would serve as

appointing authority.

2. If within thirty days after receipt by a party of a proposal

made in accordance with paragraph 1 the parties have

not reached agreement on the choice of a sole arbitrator,

the sole arbitrator shall be appointed by the appointing

authority agreed upon by the parties. If no appointing

authority has been agreed upon by the parties, or if the

appointing authority agreed upon refuses to act or fails to

appoint the arbitrator within sixty days of the receipt of a

party's request therefor, either party may request the

Secretary-General of the Permanent Court of Arbitration

at The Hague to designate an appointing authority.

3. The appointing authority shall, at the request of one of

the parties, appoint the sole arbitrator as promptly as

possible. In making the appointment the appointing

authority shall use the following list-procedure, unless

both parties agree that the list-procedure should not be

used or unless the appointing authority determines in its

discretion

that

the

use of the list-procedure is not

appropriate for the case:

(a) At the request of one of the parties the appointing

authority shall communicate to both parties an identical

list containing at least three names;

(b) Within fifteen days after the receipt of this list, each

party may return the list to the appointing authority after

having deleted the name or names to which he objects

and numbered the remaining names on the list in the

order of his preference;

(c) After the expiration of the above period of time the

appointing authority shall appoint the sole arbitrator

from among the names approved on the lists returned to

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