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Section I - Introductory Rules - Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide

Author(s): 
Sophie Nappert
Page Count: 
32 pages
Media Description: 
PDF from "Commentary on the UNCITRAL Arbitration Rules 2010: A Practitioner's Guide"
Published: 
June, 2012
Jurisdictions: 
International
Practice Areas: 
Designation of Arbitrators,
Applicable Law,
Time Limits,
Representation and Legal Assistance,
Delivery and Receipt of Communications
Author Detail: 

Sophie Nappert is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at Denton Wilde Sapte.

Ms. Nappert is trained and has practised in both civil law and common law jurisdictions. She is ranked in Global Arbitration Review's Top 30 List of Female Arbitrators Worldwide and is listed in the International Who's Who of Commercial Arbitration.

She is a member of the UNCITRAL Working Group on International Commercial Arbitration and participated in the Working Group's review and development of the 2010 UNCITRAL Arbitration Rules. 

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—ARTICLE 1—
SCOPE OF APPLICATION
 
Revised
UNCITRAL Arbitration Rules
February 2010
Section I. Introductory Rules
Article 1—Scope of Application
UNCITRAL Arbitration Rules
1976
Section I. Introductory Rules
Article 1—Scope of Application
1. Where parties have agreed
that disputes between them in
respect of a defined legal
relationship, whether contractual
or not, shall be referred to
arbitration under the UNCITRAL
Arbitration Rules, then such
disputes shall be settled in
accordance with these Rules subject
to such modification as the parties
may agree.
1. Where the parties to a
contract have agreed in writing
that disputes in relation to that
contract shall be referred to
arbitration under the UNCITRAL
Arbitration Rules, then such
disputes shall be settled in
accordance with these Rules
subject to such modification as the
parties may agree in writing.
2. The parties to an arbitration
agreement concluded after 15
August 2010 shall be presumed to
have referred to the Rules in effect
on the date of commencement of
the arbitration, unless the parties
have agreed to apply a particular
version of the Rules. That
presumption does not apply where
the arbitration agreement has been
concluded by accepting after 15
August 2010 an offer made before
that date.
 
3. These Rules shall govern the
arbitration except that where any of
these Rules is in conflict with a
provision of the law applicable to
the arbitration from which the
parties cannot derogate, that
provision shall prevail.
2. These Rules shall govern the
arbitration except that where any
of these Rules is in conflict with a
provision of the law applicable to
the arbitration from which the
parties cannot derogate, that
provision shall prevail.

 

 

Table of Contents: 

 

Introduction General Principles Guiding the Working Group Section I – Introductory Rules  Article 1—Scope of the Application Article 2—Notice and Calculation of Periods of Time Article 3—Notice of Arbitration  Article 4—Response to the Notice of Arbitration Article 5—Representation and Assistance Article 6—Designating and Appointing Authorities