46. By treating arbitral awards in a uniform manner in international commercial arbitration, regardless of where they were rendered, the Model Law draws a new line between «international» and «non-international» arbitral awards instead of the traditional line between «foreign» and «domestic» arbitral awards. This new line is based on substantive reasons and not on territorial boundaries, which are inappropriate in international cases given the limited importance of the place of arbitration. The place of arbitration is often chosen for reasons of relevance of the parties, and the dispute may have little or no connection to the State in which the arbitration takes place. Therefore, the recognition and enforcement of «international» arbitral awards, whether «foreign» or «domestic», should be subject to the same provisions. 50. As already mentioned, the grounds on which recognition or enforcement may be refused under the Model Law are identical to those set out in article V of the New York Convention. It is only under the Model Law that they are relevant not only for foreign arbitral awards, but also for all decisions rendered in international commercial arbitration proceedings. While some provisions of the Convention, particularly with regard to their drafting, needed to be improved, only the first reason on the list (namely that «the parties to the arbitration agreement were somewhat incapable under the law applicable to them») was amended as it was considered incomplete and potentially misleading in terms of conflict-of-laws rule. In general, it was considered desirable to adopt the same approach and wording as this important convention for reasons of harmony. The Model Law is not binding, but States may adopt the Model Law by incorporating it into their domestic law (as Australia has done, for example, in the International Arbitration Act 1974, as amended). [2] Article 30. Article 19 guarantees the parties the freedom to agree on the procedure to be followed by the arbitral tribunal in the conduct of the proceedings, subject to certain mandatory procedural provisions, and authorizes the arbitral tribunal to conduct the arbitration as it deems appropriate in the absence of the consent of the parties.

The power conferred on the arbitral tribunal includes the power to determine the admissibility, relevance, importance and weight of the evidence. 31. Party autonomy in the establishment of procedural rules is of particular importance in international cases, as it allows parties to choose or adapt rules according to their specific wishes and needs, without being hindered by traditional national concepts and without the risk of frustration mentioned above. The additional discretion of the arbitral tribunal is equally important, as it allows the tribunal to adapt the course of the proceedings to the specificities of the case without restricting traditional local law, including national evidentiary requirements. In addition, it provides a means of resolving procedural issues that are not regulated in the arbitration agreement or model law. 32. In addition to the general provisions of Art. 19 Certain specific provisions follow the same approach of granting autonomy to the parties and, in the absence of agreement, empowering the arbitral tribunal to rule on the matter. Examples of particular practical importance in international cases are article 20 on the place of arbitration and article 22 on the language of the proceedings. UNCITRAL adopted the first edition of the Notes on the Organization of Arbitral Proceedings in 1966 and the second edition in 2016. The notes list and describe issues that are relevant to the organization of the arbitration and that are intended to be used generally and universally.

The UNCITRAL Arbitration Rules, originally adopted in 1976 and first revised in 2010, provide a comprehensive set of procedural rules for the conduct of arbitration and are widely used in ad hoc and institutional arbitration. In both cases, recommendations were made to assist arbitral institutions and other interested bodies in reviewing the application of the Rules of Procedure in accordance with the text and content. In 2013, the rules were further amended to include the UNCITRAL Rules on Transparency in Contract-Based Investor-State Arbitration, the application of which is encouraged by the United Nations Convention on Transparency in Contract-Based Investor-State Arbitration (New York, 2014) or the Mauritius Convention on Transparency. Article 8 of the transparency rules provides for the collection of published information. In 2017, the Mauritius Convention on Transparency entered into force. The agreement established an innovative and effective mechanism that complements existing investment agreements (concluded before April 2014) with regard to transparency obligations. 10. The Model Law defines arbitration as international when «the parties to an arbitration agreement have their registered office in different States at the time of the conclusion of this convention» (Article 1, paragraph 3). The vast majority of situations generally considered to be international fall under this criterion.

In addition, arbitration is international if the place of arbitration, the place of performance of the contract or the place of the subject-matter of the dispute is in a State other than the place where the parties have their place of business, or if the parties have expressly agreed that the subject matter of the arbitration agreement concerns more than one country. 17. Chapter II of the Model Law deals with the arbitration agreement, including its judicial recognition. These provisions are closely aligned with article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (hereinafter referred to as the 1958 New York Convention), with the addition of a number of useful clarifications. One. Definition and form of the arbitration agreement 1. The UNCITRAL Model Law on International Commercial Arbitration was adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21 June 1985 following the 18th Annual Meeting of the Commission. In its resolution 40/72 of 11 December 1985, the General Assembly recommended that «all States give due consideration to the Model Law on International Commercial Arbitration, taking into account the appropriateness of the law of arbitration and the specific requirements of the practice of international commercial arbitration». 2. The Model Law provides a solid and promising basis for the desired harmonization and improvement of national legislation. It covers all stages of arbitration, from the arbitration agreement to the recognition and enforcement of the award, and reflects a global consensus on the important principles and issues of international arbitration practice.

It is acceptable to States in all regions and to the different legal or economic systems of the world. 3. The form of a model law was chosen as an instrument for harmonization and improvement, as it gave States flexibility in the development of new arbitration laws. It is advisable to follow the model as closely as possible, as this would be the best contribution to the desired harmonization and in the best interest of the users of international arbitration, who are mainly foreign parties and their lawyers. .

What Is Uncitral Model Law on International Commercial Arbitration