The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 2 - The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention
Judith Freedberg is Director of International Arbitration Professional Programs, University of Miami School of Law. She earned a B.A. from Bryn Mawr College and a J.D. from Leiden University Faculty of Law in the Netherlands. She coordinates the Law School’s international arbitration program and previously served as general counsel for the Permanent Court of Arbitration at The Hague from 1997 to 2007. Ms.Freedberg also served as head of the Department of International Commercial Arbitration at T.M.C. Asser Institute for International Law at The Hague. She has taught at Utrecht University, VU Amsterdam (Vrije Universiteit), and Leiden University, among others, and has served as managing editor of the ICCA publications, Yearbook Commercial Arbitration, International Handbook on Commercial Arbitration, and ICCA Congress Series. In addition, she writes and speaks widely in Dutch and English on topics of international arbitration. She serves as an Observer to the UNCITRAL Working Group on International Arbitration on behalf of the Miami International Arbitration Society (MIAS). She is also a member of the MIAS Board of Directors and Vice President of ICCA Miami 2014, Inc.
When the United Nations General Assembly adopted its resolution1 approving the 1985 UNCITRAL Model Law on International Commercial Arbitration,2 it acknowledged the family ties between the Model Law and the 1958 New York Convention3 stating, “[T]he Model Law, together with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards . . . significantly contributes to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations.”4 In examining the ongoing process of harmonization by the UNCITRALModel Law, set in motion more than twenty-five years ago, it is interesting to look back more than fifty years to the 1958 New York Convention and to observe the impact of the Model Law as lex posterior on its older relative, the New York Convention.
The Model Law has intentionally borrowed much from the New York Convention. UNCITRAL decided, at its twelfth session, to ask itsSecretary-General to prepare a preliminary draft of a model law on arbitral procedure and directed that the draft take into account, in
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Chapter 2 The Impact of the UNCITRAL Model Law on the Evolving Interpretation and Application of the 1958 New York Convention Judith Freedberg