The 2010 Revision of the UNCITRAL Arbitration Rules (original) (raw)

Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2011), 2012

Abstract

One of the important rules events in 2010, both commercial and investor-state, was the adoption on June 25, 2010 of the revised United Nations Commission on Trading Law (UNCITRAL) Arbitration Rules. This chapter addresses the most important of the revisions. Among the significant changes to the 1976 Rules were those made to Article 26, dealing with interim measures. A further significant change in the Rules, a new Article 41, addresses fees and expenses of arbitrators. One of the less fortunate additions, according to the author, was a "possible waiver statement" set forth in an Annex to the Rules. Provision is now expressly made for joinder of additional parties who are to the same arbitration agreement. In view of the changes, the UNCITRAL process is likely to be not only more fair, but more expensive and slower. To date, the international community engaged in international arbitration has accepted this tradeoff. Keywords:expenses of arbitrator; interim measure; international arbitration; joinder; revised Rules; UNCITRAL Arbitration Rules; waiver statement

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