Adoption of UNCITRAL Model Law on Arbitration through the Legislation of States

Dátum
Folyóirat címe
Folyóirat ISSN
Kötet címe (évfolyam száma)
Kiadó
Absztrakt

The United Nations Commission on International Trade Law (henceforward: UNCITRAL) framed the Model Law on International Commercial Arbitration on December 11, 1985. Presently, more than 30 years later, the UNCITRAL Model Law was adopted by 76 states in a total of 110 jurisdictions. As its name suggests, the Model Law is only a model, otherwise a prototype of law on international commercial arbitration. The states may adopt verbatiom or partially. In my thesis, I would like to provide an overview about the United Nations Commission on International Trade Law, the Model Law on Arbitration as well as the types of adoption. I follow the list of UNCITRAL homepage, which list the 76 states in a total of 110 jurisdictions. I examine that which states adopt and how to implement the Model Law and how to diverge the provisions of Model Law. As I introduce the adoption states by states, it will be sightful that the most states effectuated some modifications and addition on Model Law to correspond with their local requirements. Therefore the adoption of Model law is a flexible methods. Nevertheless, I do not make an effort to analyse the all provisions of arbitration acts. However, I try to introduce the modifications, which are accepted by the states to the provisions of Model Law.
According to my hypotezis, I would like to prove that the main goal of UNCITRAL was materialise by the states, because the harmonisation and modernisation was reached in international trade law, thereby the states accommodate the Model Law to the their local legislative requirements. In my oppinion, thereby the all of states do not adopted the Model Law verbatim, regardless of the Model Law was able to harmonize and unify the international trade law in the world.

Leírás
Kulcsszavak
UNCITRAL, arbitration, Model Law
Forrás