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Selection and Appointment of Tribunal Members - UNCITRAL Arbitration
Arbitrators are required to be, and remain, independent and impartial throughout the proceedings.
The UNCITRAL Rules do not set out any specific requirement of nationality, although the applicable instrument may.
Where the selection of an arbitrator falls upon the Secretary-General of ICSID…
Constitution of the Tribunal - UNCITRAL Arbitration
The Tribunal is constituted when all arbitrators have accepted their appointments.
The time for constituting the Tribunal may vary depending on the time it takes the parties to determine the number of arbitrators and the method of their appointment and the time it takes to select and appoint the…
Challenge of Arbitrators - UNCITRAL Arbitration
The procedure concerning the challenge of arbitrators differs in some respects depending on whether the arbitration is subject to the 1976 Rules or 2010 and 2013 Rules.
UNCITRAL Arbitration Rules (1976)
The UNCITRAL Arbitration Rules of 1976 provide for a proceeding of challenge of arbitrators…
First Procedural Meeting - UNCITRAL Arbitration
The purpose of holding a first procedural meeting is to discuss certain procedural issues relating to the conduct of the arbitration such as the applicable arbitration rules, language(s) to be used, place of arbitration, the procedural calendar, etc.
Timing
This meeting is usually held shortly…
Place of Arbitration - UNCITRAL Arbitration
The place of arbitration is of particular importance for the enforcement of an UNCITRAL award. The law of the place of arbitration will also determine the procedural framework of an arbitration and define the extent to which local courts can intervene in the arbitral proceedings.
If the parties do…
Written Procedure - UNCITRAL Arbitration
The written procedure usually consists of an exchange of a statement of claim and a statement of defense. The parties may agree on the number and sequence of written pleadings and the time limits for their submission. Unless otherwise provided, the respondent may also file a counterclaim.
The…
Oral Hearing - UNCITRAL Arbitration
An oral hearing generally follows the parties’ written submissions. Most hearings are held in person, while procedural sessions (such as the first procedural meeting) are often held by telephone or videoconference. Useful information about the organization of a hearing may be found in the UNCITRAL…
Cost Submissions - UNCITRAL Arbitration
In most cases, advance payments for costs of the Tribunal and ICSID fees and expenses are requested in equal parts from the parties and the Tribunal decides on the allocation of costs in the award. Unless the parties agree otherwise, a Tribunal can allocate the cost of any part of the…
Deliberations - UNCITRAL Arbitration
The deliberations of the Tribunal take place in private, usually after a hearing or procedural session when the members of the Tribunal are all gathered or in an in-person meeting. Deliberations can also be held by telephone or videoconference or by correspondence.
Agreements concerning the…
Award - UNCITRAL Arbitration
Following the presentation of evidence, the Tribunal may declare the proceedings closed and will deliberate. Until the award is issued, the Tribunal may reopen the proceedings if it considers it necessary.
UNCITRAL awards are final and binding on the parties. They must be made in…