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The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 1 - Review of the Model Law’s Implementation after Twenty-Five Years

Author(s): 
Timothy Lemay
Corinne Montineri
Page Count: 
12 pages
Published: 
August, 2013
Practice Areas: 
UNCITRAL Model Law,
Arbitrability,
Confidentiality,
Sovereign Immunity
Author Detail: 

Timothy Lemay is Principal Legal Officer and Head of the Legislative Branch of the International Trade Law Division / Office of Legal Affairs, the Secretariat of UNCITRAL (the United Nations Commission on International Trade Law) based in Vienna. He also serves as Secretary of UNCITRAL’s Working Group III (Online Dispute Resolution). Before joining UNCITRAL in July 2009, he served as Chief of the Governance, Human Security and Rule of Law Section of UNODC (the United Nations Office on Drugs and Crime), prior to which he was Chief of UNODC’s Global Programme against Money-Laundering. Mr. Lemay joined the UN in 1995 following a career as a lawyer in Canada in private practice, with the Attorney General of Nova Scotia and latterly with Canada’s Department of Justice in Toronto. He is a graduate of Dalhousie Law School and a member of the International Bar Association as well as several bar associations in Canada.

Corinne Montineri is a Legal Officer in the International Trade Law Division of the United Nations Office of Legal Affairs, the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). Her main field of activity relates to arbitration. She has been servicing the sessions of the UNCITRAL Working Group II (Arbitration and Conciliation) since October 2003 and is the Secretary of Working Group II, which currently works on the preparation of a legal standard on transparency in treaty-based investor-State arbitration. Ms. Montineri joined the United Nations Office of Legal Affairs in 2003. Prior to joining the United Nations Office of Legal Affairs, Ms.Montineri, a national of France, worked as a senior Legal Officer with multinational companies, mainly on matters relating to mergers and acquisition and international contracts, both in Europe and Asia-Pacific. Ms. Montineri holds a law degree from the University of Pantheon- Sorbonne (Paris) and a degree in Economics and Finance from the Institut d’Etudes Politiques (Paris).

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Originally from: UNCITRAL Model Law After Twenty-Five Years: Global Perspectives on International Commercial Arbitration

INTRODUCTION

At the beginning, we should perhaps say a few words about the organization that we work for. The United Nations Commission on International Trade (UNCITRAL) was brought into being in 1966 by the UN General Assembly, with a mission to contribute to the modernization and harmonization of international commercial law. The secretariat of the commission, known as the International Trade Law Division of the UN’s Office of Legal Affairs, is based in Vienna. UNCITRAL has been active, over some forty-five years, in negotiating and producing texts—including conventions, model laws, and legislative guides—in a range of subject areas. Currently we serve six active intergovernmental working groups, negotiating texts in the following areas: public procurement, international commercial arbitration, online dispute resolution, electronic commerce, cross-border insolvency, and security interests.

UNCITRAL’s mandate is different from that of the World Trade Organization. UNCITRAL is not concerned with setting trade rules that apply as between states, or with settling private commercial disputes. We are concerned with whether national laws are getting in the way of doing business effectively or where an absence of laws is creating uncertainty. The question of dispute settlement has been on the work program of UNCITRAL since its creation in 1966.

Table of Contents: 

PART I: LEGISLATIVE IMPLEMENTATION

Chapter 1
Review of the Model Law's Implementation after Twenty-Five Years
Timothy Lemay and Corinne Montineri