UNCITRAL Model Law on International Commercial Arbitration

Arbitration law for international commerce"UNCITRAL Model Law" redirects here. For the cross-border insolvency regime, see UNCITRAL Model Law on Cross-Border Insolvency.

Contract law

Formation
Capacity Offer and acceptance Meeting of the minds Abstraction principle Posting rule Mirror image rule Invitation to treat Firm offer Consideration Implication-in-fact Collateral contract
Defences
Misrepresentation Mistake Threats and unequal bargaining power Illegality and public policy Unconscionability Culpa in contrahendo Force majeure Frustration of purpose Impossibility Impracticability Hardship Set-off Illusory promise Statute of frauds Non est factum Unclean hands Accord and satisfaction Exculpatory clause
Interpretation
Parol evidence Contract of adhesion Integration clause Contra proferentem UNIDROIT Principles
Dispute resolution
Choice of law clause Forum selection clause Hague Choice of Court Convention Arbitration New York Convention UNCITRAL Model Law Mediation Singapore Mediation Convention Enforcement of foreign judgments Hague Judgments Convention
Rights of third parties
Privity of contract Assignment Delegation Novation Third-party beneficiary
Breach of contract
Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach
Remedies
Specific performance Money damages Liquidated, stipulated, or penal damages Rescission
Quasi-contractual obligations
Promissory estoppel Quantum meruit Unjust enrichment Restitution Negotiorum gestio
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights) Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith) Contract A and Contract B in Canadian contract law
Related areas of law
Conflict of laws Commercial law
By jurisdiction
Australia Canada China (mainland) Ireland India Saudi Arabia United Kingdom England and Wales Scotland United States
Other law areas
Tort law Property law Wills, trusts, and estates Criminal law Evidence
Notes
1 Specific to common law jurisdictions 2 Specific to civil and mixed law jurisdictions 3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions 4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition 5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts 6 Specific to Canadian contract law both in Québec and in the country's common law provinces 7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
v t e

The UNCITRAL Model Law on International Commercial Arbitration is a model law prepared and adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures.

The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended).

The model law was published in English and in French. Translations in all six United Nations languages now exist.

Note that there is a difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules. On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute."

References

^ "International Commercial Arbitration & Conciliation". www.uncitral.org.
"INTERNATIONAL ARBITRATION ACT 1974". Australasian Legal Information Institute.
"1985 - UNCITRAL Model Law on International Commercial Arbitration". www.uncitral.org.
"FAQ - UNCITRAL and Private Disputes / Litigation". www.uncitral.org.

External links

Text of the model law (PDF)

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