Revisions to the UNCITRAL Arbitration Rules | Practical Law

Revisions to the UNCITRAL Arbitration Rules | Practical Law

The UNCITRAL Working Group tasked with considering proposed revisions to the UNCITRAL Arbitration Rules (the Rules) met in Vienna from 10 to 14 September 2007 to consider amendments to articles 21 to 41. (Articles 1 to 20 were considered at the last meeting in February 2007 - see Legal update, Revisions to UNCITRAL arbitration rules: latest developments.)

Revisions to the UNCITRAL Arbitration Rules

Practical Law Legal Update 5-376-3814 (Approx. 3 pages)

Revisions to the UNCITRAL Arbitration Rules

by PLC Dispute Resolution
Published on 25 Sep 2007 • International
The UNCITRAL Working Group tasked with considering proposed revisions to the UNCITRAL Arbitration Rules (the Rules) met in Vienna from 10 to 14 September 2007 to consider amendments to articles 21 to 41. (Articles 1 to 20 were considered at the last meeting in February 2007 - see Legal update, Revisions to UNCITRAL arbitration rules: latest developments.)
Various amendments to articles 21 to 41 had been highlighted for discussion (see the UNCITRAL report of 6 December 2006) including:
  • Article 25 (Witnesses): whether officers, employees and shareholders of a party may appear as witnesses, given that they cannot be characterised as witnesses in some jurisdictions.
  • Article 26 (Interim Measures): whether provision should be made for ex parte applications for interim measures and various safeguards in relation to applications for interim measures.
  • Article 31 (Decisions): whether a presiding arbitrator alone may make an award in the absence of a majority decision.
The Working Group was also expected to consider proposed amendments to the Rules to reflect the particular features of arbitrations to which states are party, in particular the role of non-parties in such arbitrations and the submission of amicus curiae briefs. (For more background, see Legal update, Proposed revisions to UNCITRAL rules for state arbitrations.)
PLC Dispute Resolution will continue to track these developments and report on the outcome of the discussions when a summary is available. A revised draft of the Rules will be prepared for consideration at the next Working Group meeting, currently scheduled for February 2008 in New York.