Key changes in 2010 UNCITRAL Rules

• Parties can now agree to refer disputes arising out "a defined legal relationship, whether contractual or not" to arbitration (Art. 1 (1))
• Requirement that communications be physically delivered has been removed as Article 2(1) allows "any means of communication" designated by the parties
• No requirement that an arbitration agreement to be "in writing" (Art. 1(2))
• The respondent must provide a response to the notice of arbitration within 30 days of receipt of the notice (Art. 4)
• If the parties have not agreed on an appointing authority within 30 days, PCA will designate an appointing authority (as opposed to 60 days under the 1976 Rules) (Art. 6)
• Tribunal is specifically required  to avoid unnecessary delay and expense (Art. 17(1))
• Establishment of a procedural timetable as soon as practicable (Art. 17(2))
• Exclusion of liability for arbitrators and the appointing authority (Art. 16)
• Provision for the joint appointment of a single arbitrator to the three-member tribunal, where there are multiple parties (Art. 10)
• Joinder of other parties to the arbitral proceedings, as long as it does not prejudice any party (Art. 17(5))
• Broad definition for interim measures and requirements that must be satisfied in order to obtain them (Art. 26)
• Tribunal-appointed experts must provide the tribunal and the parties with a statement of independence and impartiality (Art. 29 (2)). There are also new model statements of independence for arbitrators to complete at the time of appointment.
• Tribunal's duty to explain how their fees and expenses have been calculated, and the parties may ask the appointing authority or the Secretary-General of the PCA to review the calculations (Art. 41 (4))
• The model arbitration clause includes additional optional wording for parties wishing to exclude recourse against an award
• By virtue of the inclusion of the Transparency Rules, the 2010 UNCITRAL Rules now contain express provisions for the management of investor-State arbitration

 

Source: PLC