International Commercial Arbitration

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958), better known as the New York Convention, is one of the most important United Nations treaties in the area of international trade law and the cornerstone of the international arbitration system. Under the New York Convention, States undertake to give effect to an agreement to arbitrate, and to recognize and enforce awards made in other States. In 2006, a Recommendation regarding the interpretation of articles II(2) and VII(1) was adopted and in 2016, the UNCITRAL Secretariat Guide on the New York Convention was published.

UNCITRAL adopted the first edition of the Notes on Organizing Arbitral Proceedings in 1996 and the second in 2016. The Notes list and describe matters relevant to the organization of arbitral proceedings, to be used in a general and universal manner. The UNCITRAL Arbitration Rules, which were initially adopted in 1976 and first revised in 2010, provide a comprehensive set of procedural rules for the conduct of arbitral proceedings and are widely used in both ad hoc and institutional arbitrations. On both occasions, Recommendations were made to assist arbitral institutions and other interested bodies that envisaged using the Rules with following the text and substance. In 2013, the Rules were further amended to incorporate the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, application of which is promoted by United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014) or the Mauritius Convention on Transparency. Article 8 of the Rules on Transparency creates the Repository of published information. In 2017, the Mauritius Convention on Transparency entered into force. The Convention has created a novel and efficient mechanism that supplements existing investment treaties (concluded prior to April 2014) with respect to transparency related obligations.

The UNCITRAL Model Law on International Commercial Arbitration was adopted in 1985 and amended in 2006. It constitutes a sound basis for the desired harmonization and improvement of national laws, covering all stages of the arbitral process.