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Arbitration Act 1996, Merkin and Flannery on the


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Appendix 2

Uncitral Model Law on International Commercial Arbitration

Uncitral Model Law on International Commercial Arbitration

1 (As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006)

Chapter I. General Provisions

Article 1. Scope of application

  • (1) This Law applies to international commercial arbitration, subject to any agreement in force between this State and any other State or States.
  • (2) The provisions of this Law, except articles 8, 9, 17H, 17I, 17J, 35 and 36, apply only if the place of arbitration is in the territory of this State.
  • (3) An arbitration is international if:
    • (a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or
    • (b) one of the following places is situated outside the State in which the parties have their places of business:
      • (i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;
      • (ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or
    • (c) the parties have expressly agreed that the subject-matter of the arbitration relates to more than one country:
      • (i) in the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith;
      • (ii) questions concerning matters governed by this Law the arbitration agreement relates to more than one country.
  • (4) For the purposes of paragraph (3) of this article:
    • (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement;
    • (b) if a party does not have a place of business, reference is to be made to his habitual residence.
  • (5) This Law shall not affect any other law of this State by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.

Article 2. Definitions and rules of interpretation

For the purposes of this Law:

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