ALTERNATIVE DISPUTE REDRESSAL

TOPIC: ‘UNCITRALMODEL LAW ON INTERNATIONAL

COMMERCIAL ARBITRATION'

JAMIA HAMDARD INSTITUTE OF LEGAL

STUDIES AND RESEARCH (HILSR)

SUBMITTED BY:
MD.SHAHNAWAZ
2023 2018-342-069

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 INTRODUCTION
The UNCITRAL Model Law on International Commercial Arbitration is a set of rules
developed by the United Nations Commission on International Trade Law (UNCITRAL) to
provide a uniform and flexible framework for the resolution of international commercial
disputes through arbitration.1 The Model Law was first adopted by UNCITRAL in 1985 and
has since been updated and revised to reflect developments in the field of international
commercial arbitration.

The Model Law has been widely adopted by countries around the world and has become an
important tool for resolving international commercial disputes. The Model Law provides a
framework that is widely recognized and understood, which has made it easier for parties to
agree to use arbitration as a means of resolving their disputes.

The purpose of this project is to provide an in-depth analysis of the UNCITRAL Model Law
on International Commercial Arbitration. The project will begin by providing background
information on the development of the Model Law and the reasons behind its creation. It will
then discuss the scope of the Model Law and the types of disputes that it covers.

The main features of the Model Law, including party autonomy, enforcement of arbitral
awards, equal treatment of parties, neutrality of arbitrators, confidentiality, interim measures,
court assistance, limited grounds for challenging an award, and electronic communications,
will also be discussed in detail. The project will examine how these features have helped to
improve the efficiency, fairness, and accessibility of the arbitration process.

Finally, the project will consider the impact that the UNCITRAL Model Law on International
Commercial Arbitration has had on the practice of international commercial arbitration. The
project will examine the ways in which the Model Law has influenced the use of arbitration as
a means of resolving disputes, increased the efficiency of the arbitration process, promoted the
neutrality of arbitrators, and improved access to justice for parties involved in international
commercial disputes. Overall, this project aims to provide a comprehensive analysis of the
UNCITRAL Model Law on International Commercial Arbitration and its impact on the
practice of international commercial arbitration.

1
Akl, T. A. (2023). The UNCITRAL Model Law on International Commercial Arbitration. Retrieved from
https://www.linkedin.com/pulse/uncitral-model-law-international-commercial-legal-dispute-abi-akl

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 BACKGROUND OF THE UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
The UNCITRAL Model Law on International Commercial Arbitration was developed by the
United Nations Commission on International Trade Law (UNCITRAL) in response to the
growing need for a uniform and flexible framework for the resolution of international
commercial disputes through arbitration.2

Prior to the development of the Model Law, international commercial arbitration was governed
by a patchwork of national laws, which often led to confusion, uncertainty, and inconsistency
in the application of arbitration rules. This lack of uniformity and clarity made it more difficult
for parties to agree to use arbitration as a means of resolving their disputes.

The development of the Model Law was driven by the recognition that the use of arbitration as
a means of resolving international commercial disputes was growing rapidly, and that there
was a need for a clear and consistent legal framework that would provide parties with greater
certainty, predictability, and efficiency in the arbitration process.

The Model Law was first adopted by UNCITRAL in 1985 and has since been revised and
updated several times to reflect developments in the field of international commercial
arbitration. The Model Law has been widely adopted by countries around the world, and has
become an important tool for resolving international commercial disputes.

UNCITRAL is a subsidiary body of the United Nations General Assembly, and was established
in 1966 to promote the progressive harmonization and unification of international trade law.
UNCITRAL's work is guided by the principles of promoting legal certainty, reducing legal
obstacles to international trade, and promoting economic and social development through the
rule of law.

The Model Law is part of UNCITRAL's broader efforts to promote the use of arbitration as a
means of resolving international commercial disputes, and to provide a clear and consistent
legal framework for the arbitration process. The Model Law has played an important role in
promoting the use of arbitration as a means of resolving international commercial disputes, and
has helped to increase the efficiency, fairness, and accessibility of the arbitration process.

2
Anastasiya. (n.d.). Born. International Commercial Arbitration. Retrieved from https://pdfcoffee.com/born-international-commercial-
arbitrationpdf-pdf-free.html

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 THE SCOPE OF THE UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
The UNCITRAL Model Law on International Commercial Arbitration provides a framework
for the conduct of international commercial arbitrations. The Model Law is designed to be a
flexible and adaptable set of rules that can be applied to a wide range of disputes arising from
international commercial transactions.

The Model Law applies to disputes arising from international commercial contracts, whether
the parties are in different countries or in the same country. The Model Law applies to both
domestic and international arbitrations, if the arbitration has an international element. The
Model Law applies to disputes that are "commercial" in nature. This includes disputes arising
from contracts for the sale of goods, the provision of services, construction contracts, licensing
agreements, and joint venture agreements, among others. The Model Law does not apply to
disputes that involve non-commercial matters, such as disputes over personal injury,
defamation, or family law matters.

The Model Law also does not apply to disputes between consumers and businesses, as these
disputes are typically subject to different legal frameworks. One of the key features of the
Model Law is that it recognizes the principle of party autonomy. This means that the parties to
an international commercial dispute are free to agree on the terms of their arbitration, including
the choice of arbitrator, the language of the arbitration, and the place of the arbitration.3 The
Model Law also allows parties to agree to deviate from some of the default provisions of the
Model Law, if their agreement is not contrary to the fundamental principles of the Model Law.
In addition, the Model Law provides a clear framework for the enforcement of arbitral awards.

The Model Law requires that arbitral awards be recognized and enforced by national courts in
accordance with the provisions of the Model Law. This helps to ensure that arbitral awards are
enforceable in countries around the world, which is essential for promoting the use of
arbitration as a means of resolving international commercial disputes. Overall, the scope of the
UNCITRAL Model Law on International Commercial Arbitration is broad and flexible, and is
designed to provide a clear and consistent legal framework for the resolution of international
commercial disputes through arbitration.

3
Tater, R. (n.d.). UNCITRAL Model Law on International Commercial Arbitration 1985 With amendments as adopted in 2006. Retrieved
from https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/19-09955_e_ebook.pdf

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 The Model Law has played an important role in promoting the use of arbitration as a means of
resolving international commercial disputes, and has helped to increase the efficiency, fairness,
and accessibility of the arbitration process.4

THE MAIN FEATURES OF THE UNCITRAL MODEL LAW

ON INTERNATIONAL COMMERCIAL ARBITRATION
The UNCITRAL Model Law on International Commercial Arbitration is a comprehensive set
of rules that provide a clear and consistent framework for the conduct of international
commercial arbitrations. The Model Law has several key features that make it a useful tool for
resolving international commercial disputes through arbitration.

1. Party Autonomy: One of the key features of the Model Law is its recognition of party
autonomy. This means that the parties to an international commercial dispute are free to agree
on the terms of their arbitration, including the choice of arbitrator, the language of the
arbitration, and the place of the arbitration. This allows parties to tailor their arbitration to their
specific needs and preferences, and can help to increase the efficiency and effectiveness of the
arbitration process.
2. Arbitral Procedure: The Model Law sets out a clear framework for the conduct of the
arbitration proceedings. This includes provisions on the appointment of arbitrators, the conduct
of the arbitration hearings, and the making of the arbitral award. The Model Law also provides
guidance on issues such as evidence, interim measures, and the termination of the arbitration
proceedings.5
3. Enforcement of Awards: The Model Law provides a clear framework for the recognition and
enforcement of arbitral awards. This includes provisions on the grounds for refusal of
recognition and enforcement of arbitral awards, and the procedures for enforcing awards in
different countries.6
4. Interim Measures: The Model Law recognizes the importance of interim measures in
international commercial arbitration. The Model Law allows parties to seek interim measures
from the arbitral tribunal or from national courts, and provides guidance on the types of interim
measures that may be granted.

4
Rauer, V. (2020). A study on the challenges of the Arbitration and Mediation. Retrieved from
https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=9010912&fileOId=9016775
5
Van den Berg, A. J. (2011). The New York Convention: a global commentary. Kluwer Law International.
6
Redfern, A., & Hunter, M. (2009). Law and practice of international commercial arbitration. Sweet & Maxwell.

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5. Confidentiality: The Model Law recognizes the importance of confidentiality in international
commercial arbitration. The Model Law allows parties to agree to keep the arbitration
proceedings confidential, and provides guidance on the circumstances in which confidentiality
may be breached.7
6. Neutrality: The Model Law requires arbitrators to be independent and impartial, and provides
guidance on the circumstances in which an arbitrator may be challenged for bias or lack of
independence.
7. Cost-Effectiveness: The Model Law promotes the use of arbitration as a cost-effective means
of resolving international commercial disputes. The Model Law requires arbitrators to conduct
the proceedings in an efficient and expeditious manner, and provides guidance on the types of
costs that may be recovered in an arbitration.

Overall, the main features of the UNCITRAL Model Law on International Commercial
Arbitration provide a comprehensive and flexible framework for the conduct of international
commercial arbitrations. The Model Law has been widely adopted by countries around the
world, and has played an important role in promoting the use of arbitration as a means of
resolving international commercial disputes.

THE IMPACT OF THE UNCITRAL MODEL LAW ON

INTERNATIONAL COMMERCIAL ARBITRATION
The UNCITRAL Model Law on International Commercial Arbitration has had a significant
impact on the development and growth of international commercial arbitration over the past
few decades. Here are some of the ways in which the Model Law has influenced the practice
of international commercial arbitration:

1. Increased Use of Arbitration: The Model Law has played a key role in promoting the use of
arbitration as a means of resolving international commercial disputes. By providing a clear and
consistent framework for the conduct of arbitrations, the Model Law has helped to increase
confidence in the arbitration process, and has encouraged more businesses to choose arbitration
over other forms of dispute resolution.
2. Harmonization of Arbitration Laws: The Model Law has also helped to promote the
harmonization of arbitration laws around the world. By providing a set of standard rules that

7
Born, G. (2014). International commercial arbitration. Kluwer Law International.

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 can be adapted and adopted by different countries, the Model Law has helped to create a more
consistent and predictable legal framework for international commercial arbitration.8
3. Facilitation of Cross-Border Trade: The Model Law has helped to facilitate cross-border
trade by providing a clear and effective means of resolving disputes that arise in the context of
international commerce. By promoting the use of arbitration as a means of resolving disputes,
the Model Law has helped to reduce the risks and uncertainties associated with cross-border
transactions, and has helped to promote the growth of international trade and investment.
4. Strengthening of the Rule of Law: The Model Law has played an important role in
strengthening the rule of law in the context of international commerce. By providing a clear
and consistent legal framework for the resolution of international commercial disputes, the
Model Law has helped to promote respect for the rule of law and has helped to establish the
credibility and legitimacy of international commercial arbitration.9
5. Promotion of Efficiency and Cost-Effectiveness: The Model Law has also helped to promote
efficiency and cost-effectiveness in the resolution of international commercial disputes. By
requiring arbitrators to conduct proceedings in an efficient and expeditious manner, and by
promoting the use of streamlined procedures, the Model Law has helped to reduce the time and
cost associated with international commercial arbitrations.10
6. Increased Recognition and Enforcement of Awards: The Model Law has also helped to
promote the recognition and enforcement of arbitral awards around the world. By providing a
clear and consistent legal framework for the recognition and enforcement of awards, the Model
Law has helped to reduce the risks and uncertainties associated with enforcing awards in
different jurisdictions, and has helped to increase the effectiveness and reliability of the arbitral
process.11
In conclusion, the UNCITRAL Model Law on International Commercial Arbitration has had a
significant impact on the development and growth of international commercial arbitration. By
providing a clear and consistent legal framework for the conduct of arbitrations.

8
Redfern, A., & Hunter, M. (2009). Law and Practice of International Commercial Arbitration. London: Sweet & Maxwell.
9
Born, G. (2014). International Commercial Arbitration (2nd ed.). New York: Wolters Kluwer.
10
Lew, J. D. M., Mistelis, L. A., & Kroll, S. (Eds.). (2003). Comparative International Commercial Arbitration. The Hague: Kluwer Law
International.

11
Park, W. W. (2012). Arbitration of International Business Disputes: Studies in Law and Practice. Oxford: Oxford University Press.

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 JURISDICTION OF ARBITRAL TRIBUNAL
The UNCITRAL Model Law on International Commercial Arbitration (1985) establishes the
jurisdiction of an arbitral tribunal in international commercial disputes. The jurisdiction of an
arbitral tribunal under the Model Law is primarily based on the parties’ agreement to arbitrate
their disputes. However, there are certain situations where an arbitral tribunal may have
jurisdiction even in the absence of an agreement between the parties.

Article 16 of the Model Law provides that an arbitral tribunal may rule on its own jurisdiction,
including any objections with respect to the existence or validity of the arbitration agreement.
This means that the tribunal has the power to determine whether it has jurisdiction over a
dispute that has been submitted to it.

In addition, Article 17 of the Model Law provides that an arbitral tribunal may rule on its own
jurisdiction when a party raises an objection to the tribunal’s jurisdiction before it makes a final
award. If the tribunal rules that it has jurisdiction, then it may proceed with the arbitration.

Furthermore, Article 21 of the Model Law provides that an arbitral tribunal may decide on
matters of jurisdiction when there is a dispute between the parties as to the existence or validity
of the arbitration agreement. In such cases, the tribunal may decide on the issue of jurisdiction
before proceeding with the arbitration.

Overall, the UNCITRAL Model Law on International Commercial Arbitration provides the
arbitral tribunal with the power to determine its own jurisdiction in international commercial
disputes. This power is based on the parties’ agreement to arbitrate, but can also be exercised
in certain situations where the agreement is disputed.

ARBITRATION AGREEMENT
An arbitration agreement is a written contract between two or more parties to submit any
disputes that may arise between them to an arbitration process rather than going to court. This
agreement is a critical component of the arbitration process and outlines the terms and
conditions that will govern the arbitration proceedings.

Arbitration agreements may be included in various types of contracts, including employment

contracts, commercial contracts, and consumer contracts. They may also be separate
agreements that parties enter before a dispute arises.

The agreement typically specifies the following:

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1. The scope of disputes that will be subject to arbitration, such as claims arising from the contract
or disputes related to the parties' relationship.
2. The number of arbitrators who will hear the dispute and the process for selecting them.
3. The location where the arbitration will take place.
4. The language to be used during the arbitration proceedings.
5. The rules that will govern the arbitration process, which may be provided by an arbitration
institution or set out in the agreement itself.
6. The procedures for initiating and conducting the arbitration, including the timeline for filing
claims and the methods for presenting evidence.
7. The rights and obligations of the parties during the arbitration process, such as the right to legal
representation and the duty to participate in the proceedings in good faith.
8. The procedure for appealing the arbitrator's decision, if any.

It is essential to carefully consider the terms of an arbitration agreement before signing it. Some
agreements may limit the parties' rights to appeal or challenge the arbitrator's decision or
restrict their ability to join or participate in a class action lawsuit. It is also important to ensure
that the arbitration agreement complies with applicable laws and regulations.

Arbitration agreements can be a useful alternative to litigation, as they can provide a faster,
less expensive, and more confidential process for resolving disputes. However, they can also
limit the parties' ability to obtain relief or pursue certain legal claims. It is important to carefully
weigh the benefits and drawbacks of arbitration before agreeing to it.

DEVELOPMENT OF COMMERCIAL ARBITRATION

Commercial arbitration has a long and complex history that spans many centuries and
countries. It originated as a means of resolving disputes in trade and commerce in ancient
societies, such as Greece and Rome. However, the modern concept of commercial arbitration
as we know it today has developed over the past few centuries.12

One of the earliest examples of modern commercial arbitration can be traced back to England
in the 18th century. The London Chamber of Commerce and Industry established a system of
arbitration to resolve disputes between its members. This system was later formalized in the

12 Born, G. (2014). International commercial arbitration. Wolters Kluwer Law & Business.

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 Arbitration Act of 1889, which set out the basic principles and procedures for commercial
arbitration in England.

In the United States, commercial arbitration developed in the late 19th and early 20th centuries
as a means of resolving disputes arising from international trade. The New York Arbitration
Convention of 1958 played a significant role in promoting the use of commercial arbitration as
an alternative to litigation in international disputes.

The development of international trade and globalization in the 20th century further contributed
to the growth of commercial arbitration. Today, commercial arbitration is widely recognized
as a means of resolving disputes in international commerce and trade.

In recent years, the use of commercial arbitration has continued to grow and evolve. Many
businesses and individuals now prefer arbitration over litigation due to its perceived benefits,
such as greater privacy, flexibility, and speed. Furthermore, the use of technology has enabled
online arbitration, making the process even more accessible and efficient.

Overall, the development of commercial arbitration has been driven by the need for effective
and efficient dispute resolution mechanisms in the context of international trade and commerce.
Its continued growth and evolution will likely be shaped by changing economic and
technological trends.

DIFFERENCE BETWEEN UNCITRAL LAW AND UNCITRAL

RULES
UNCITRAL stands for the United Nations Commission on International Trade Law, which is
a body of the United Nations responsible for promoting the harmonization and unification of
international trade law.13

UNCITRAL has developed both laws and rules in various areas of international trade law. The
main difference between UNCITRAL law and UNCITRAL rules is as follows:

1. UNCITRAL Law: UNCITRAL has developed several model laws that member states can
adopt or use as a basis for their national laws. These model laws are designed to promote
uniformity in the interpretation and application of international trade law. Examples of

13
United Nations Commission on International Trade Law. "What is UNCITRAL?" Accessed March 24, 2023.
https://uncitral.un.org/en/about.
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 UNCITRAL model laws include the Model Law on International Commercial Arbitration, the
Model Law on Cross-Border Insolvency, and the Model Law on Electronic Commerce.
2. UNCITRAL Rules: UNCITRAL has also developed several sets of rules that parties can
choose to apply to their international trade transactions. These rules are designed to provide a
neutral and efficient mechanism for resolving disputes that may arise in international trade.
Examples of UNCITRAL rules include the UNCITRAL Arbitration Rules, the UNCITRAL
Conciliation Rules, and the UNCITRAL Rules on Transparency in Treaty-based Investor-State
Arbitration.

In summary, UNCITRAL laws are model laws that countries can adopt to promote uniformity
in their national laws, while UNCITRAL rules are sets of rules that parties can choose to apply
to their international trade transactions to provide a neutral and efficient mechanism for
resolving disputes.

RELATION OF UNCITRAL MODEL LAW IN INDIA

India has adopted several UNCITRAL Model Laws as a basis for its national laws in various
areas of international trade law.

For instance, India has adopted the UNCITRAL Model Law on International Commercial
Arbitration as the basis for its Arbitration and Conciliation Act, 1996. The Indian law is largely
modelled on the UNCITRAL Model Law and incorporates many of its provisions. This has
helped to bring Indian law in line with international standards and promote the use of
international arbitration as a means of resolving cross-border disputes.14

Similarly, India has adopted the UNCITRAL Model Law on Cross-Border Insolvency as the
basis for its Insolvency and Bankruptcy Code, 2016. The Code incorporates many of the
provisions of the UNCITRAL Model Law to provide a comprehensive framework for cross-
border insolvency proceedings.

Overall, India has been an active participant in UNCITRAL's work and has incorporated
several of its model laws and rules into its national laws to promote uniformity and clarity in
international trade law.

14 Arbitration and Conciliation Act, 1996, Government of India, https://www.indiacode.nic.in/bitstream/123456789/1366/1/A1996-26.pdf

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 PRINCIPLES OF MODEL LAW ON INTERNATIONAL
COMMERCIAL ARBITRATION
The Model Law on International Commercial Arbitration was adopted by the United Nations
Commission on International Trade Law (UNCITRAL) in 1985. It has since been widely adopted by
countries around the world as a framework for their national laws on international commercial
arbitration. The principles of the Model Law on International Commercial Arbitration include:

1. Definition of international commercial arbitration: The Model Law defines international

commercial arbitration as any arbitration that involves a dispute arising from international trade or
commercial transactions between parties from different countries.
2. Arbitration agreement: The Model Law recognizes the importance of the arbitration agreement, which
is the agreement between parties to submit their disputes to arbitration. The agreement must be in
writing and can be in the form of an arbitration clause in a contract or a separate agreement.
3. Arbitral tribunal: The Model Law provides for the establishment of an arbitral tribunal, which is
responsible for resolving the dispute. The tribunal is usually composed of one or more arbitrators, who
must be impartial and independent.
4. Jurisdiction of arbitral tribunal: The Model Law gives the arbitral tribunal the power to determine
its own jurisdiction, which means that the tribunal has the authority to decide whether it has the power
to hear the dispute.
5. Conduct of arbitral proceedings: The Model Law provides for the fair and efficient conduct of arbitral
proceedings, including the right of each party to be heard and to present evidence. The tribunal also has
the power to decide the procedure for the conduct of the arbitration.
6. Recognition and enforcement of arbitral awards: The Model Law provides for the recognition and
enforcement of arbitral awards in accordance with the New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards.
7. Confidentiality: The Model Law recognizes the importance of confidentiality in international
commercial arbitration and provides for the protection of confidential information.
8. Assistance from courts: The Model Law provides for the assistance of courts in the conduct of arbitral
proceedings, including the power of courts to assist in the taking of evidence and the provision of
interim measures.

Overall, the Model Law on International Commercial Arbitration aims to promote the use of arbitration
as a means of resolving international commercial disputes, by providing a clear and flexible framework
for the conduct of arbitral proceedings.

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 ADVANTAGES & DISADVANTAGES
The UNCITRAL Model Law on International Commercial Arbitration is a set of rules
developed by the United Nations Commission on International Trade Law (UNCITRAL) to
provide a framework for the conduct of international commercial arbitration. Here are some
advantages and disadvantages of the Model Law:

ADVANTAGES:

1. Flexibility: The Model Law provides a flexible framework that can be adapted to suit the needs
of parties involved in international commercial arbitration proceedings.
2. International recognition: The Model Law has been widely adopted by many countries
around the world, which enhances the international recognition of arbitration awards.
3. Streamlined process: The Model Law provides a streamlined process for the conduct of
arbitration proceedings, which helps to save time and reduce costs.
4. Confidentiality: Arbitration proceedings are confidential, and the Model Law provides for the
protection of the privacy of parties involved.
5. Neutrality: The Model Law promotes neutrality by allowing parties to select arbitrators from
different countries, avoiding any bias that may arise from domestic courts.
6. Enforcement: The Model Law provides for the recognition and enforcement of arbitration
awards in different countries, which facilitates cross-border transactions.
7. Confidentiality: The Model Law provides for confidentiality, which can be particularly
important for businesses and individuals who do not want sensitive information to be made
public.
8. Expertise: Arbitrators selected in accordance with the Model Law are often experts in the
relevant field, which can lead to more informed and accurate decisions.
9. Efficiency: The Model Law aims to make the arbitration process more efficient than litigation
in domestic courts, with shorter timeframes for proceedings and limited opportunities for delay
tactics.

DISADVANTAGES:

1. Limited control: The parties involved in international commercial arbitration have limited
control over the selection of the arbitrators and the arbitration process itself, as the Model Law
sets out certain requirements that must be met.

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2. Lack of legal expertise: The parties involved in international commercial arbitration may lack
the legal expertise required to navigate the Model Law and other legal requirements, which can
lead to disputes and delays.
3. High costs: Arbitration proceedings can be expensive, and the costs associated with the Model
Law may be prohibitive for some parties.
4. Lack of consistency: The Model Law provides a framework for arbitration, but it does not
ensure consistency in the outcomes of arbitration proceedings, which can create uncertainty for
parties involved.
5. Lack of transparency: The arbitration process is private, which means that the public cannot
access information about the proceedings or the outcomes, leading to concerns about
accountability and transparency.
6. Limited appeal options: The Model Law provides limited options for appealing arbitration
awards, which can be problematic if the parties are unhappy with the outcome of the
proceedings.
7. Lack of uniformity: Although the Model Law provides a framework for international
commercial arbitration, it does not provide a uniform approach to the process, which can lead
to inconsistencies across different jurisdictions.
8. Limited scope: The Model Law applies only to international commercial arbitration and does
not address other forms of arbitration, such as domestic arbitration or investor-state arbitration.

Overall, the UNCITRAL Model Law on International Commercial Arbitration provides a

framework for the efficient and effective resolution of international commercial disputes.
However, it also has limitations that may affect its suitability for certain types of disputes or
parties, and its use should be carefully considered in each case.

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 CASE LAWS
The UNCITRAL Model Law on International Commercial Arbitration has been adopted in
India as the basis for the country's arbitration law, the Arbitration and Conciliation Act, 1996.
Here are some notable case laws in India that have referenced or applied the UNCITRAL
Model Law:

1. Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., 2012: In this landmark
case, the Supreme Court of India clarified the scope of judicial intervention in international
commercial arbitrations. The court relied on the Model Law's provisions on the limited role of
courts in arbitral proceedings and held that courts should not intervene in arbitrations unless
there is a grave injustice or illegality.
2. Enercon (India) Ltd. v. Enercon GmbH, 2014: The Delhi High Court applied the Model Law
in determining the validity of an arbitration agreement and held that the Model Law's
provisions on the form and validity of arbitration agreements should guide the interpretation of
the parties' agreement.
3. Union of India v. Reliance Industries Ltd., 2015: The Supreme Court of India relied on the
Model Law in determining the arbitrability of a dispute between a private party and the
government. The court held that the Model Law's provisions on the arbitrability of disputes
should guide the analysis of whether the dispute was capable of being resolved through
arbitration.
4. Vijay Karia & Ors. v. Prysmian Cavi E Sistemi SRL & Ors., 2020: The Supreme Court of
India applied the Model Law in determining the seat of arbitration and the applicability of
Indian law to the arbitration. The court held that the Model Law's provisions on the seat of
arbitration and the choice of law should guide the analysis.

These cases demonstrate the significant influence of the UNCITRAL Model Law on the
development and application of India's arbitration law.

CONCLUSION
In conclusion, the UNCITRAL Model Law on International Commercial Arbitration has been
a significant development in the field of international commercial arbitration. The Model Law
has provided a uniform and flexible framework for the resolution of international commercial
disputes through arbitration. The Model Law has been widely adopted by countries around the
world, which has helped to promote the use of arbitration as a means of resolving disputes.

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 The key features of the Model Law, including party autonomy, enforcement of arbitral awards,
equal treatment of parties, neutrality of arbitrators, confidentiality, interim measures, court
assistance, limited grounds for challenging an award, and electronic communications, have
helped to improve the efficiency, fairness, and accessibility of the arbitration process.

The Model Law has had a significant impact on the practice of international commercial
arbitration, promoting greater certainty, predictability, and fairness in the resolution of
disputes. The Model Law has also helped to increase the enforcement of arbitral awards and
improve access to justice for parties involved in international commercial disputes.

Overall, the UNCITRAL Model Law on International Commercial Arbitration has been a
major development in the field of international commercial law, and its impact is likely to
continue to be felt for many years to come. The Model Law provides a useful tool for parties
seeking to resolve disputes through arbitration and has helped to promote the use of arbitration
as a means of resolving international commercial disputes.

REFERENCES

• UNCITRAL Model Law on International Commercial Arbitration, United Nations

Commission on International Trade Law (UNCITRAL) (1985)
• H. Kronke, P. Nacimiento, N. Partasides and D. Sander, Recognition and Enforcement of
Foreign Arbitral Awards: A Global Commentary on the New York Convention (Kluwer Law
International, 2nd ed. 2010)
• Redfern and M. Hunter, Law and Practice of International Commercial Arbitration (Sweet &
Maxwell, 4th ed. 2004)
• G. Born, International Commercial Arbitration (Kluwer Law International, 2nd ed. 2014)
• P. Schwebel, The Effect of International Commercial Arbitration on National Legal Systems
(International Chamber of Commerce, 1987)
• M. Mistelis and L. Shore, The UNCITRAL Model Law on International Commercial
Arbitration: A Commentary (Cambridge University Press, 2nd ed. 2013)
• G. Petrochilos, UNCITRAL and the Future of International Trade Law (Hart Publishing, 2009)
• S. Brekoulakis and J. Lew, The Developing World of International Arbitration (Kluwer Law
International, 2010)
• S. Knopf, "The UNCITRAL Model Law on International Commercial Arbitration: A New
Paradigm for International Dispute Resolution?" in J. Fawcett and P. Torremans (eds.),
Intellectual Property and Private International Law (Oxford University Press, 2005).
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