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45.Laws and rules applicable to international commercial arbitration

New York Convention 1958 contains universal rules (recognition and enforcement of arbitral award) and meanings (as to arbitral award, agreement in writing, the form of arbitration agreement) and possibility to make reservation ( on the territory of contracting state). European Convention on International Commercial Arbitration of 1961 which also contain general meanings (as to arbitration agreement, seat etc.) and provisions ( as to jurisdiction, organization of arbitration, applicable law). Also parties of the dispute can refer to ICSID rules (look to 42) and UNCITRAL rules.

The UNCITRAL Arbitration Rules were adopted in 1976 after extensive deliberations and consultations with various interested international organizations and leading arbitration experts. The General Assembly of the United Nations has recommended the use of the UNCITRAL Arbitration Rules in international commercial contracts. Revised UNCITRAL Arbitration Rules were adopted in 2010 and are intended to reflect the evolution in arbitral practice in the period since the adoption of the 1976 Rules. The UNCITRAL Arbitration Rules are a set of procedural rules covering all aspects of the arbitration process, which parties may agree to in part or in whole in order to help resolve their international disputes.The UNCITRAL Arbitration Rules provide, among other things: A model arbitration clause for contracts; Procedures for the appointment of arbitrators; Procedures for the conduct of arbitration proceedings; and Requirements about the form, effect and interpretation of an arbitration award. The UNCITRAL Arbitration Rules have been used to govern a broad range of procedures, including: disputes between private commercial parties where no arbitral institution is involved (ad hoc arbitration); disputes between states and foreign investors (investment arbitration); disputes between two countries (State-to-State dispute).The UNCITRAL Rules are also often used as guidelines. The UNCITRAL Rules provide users from around the world with a procedural framework for arbitration proceedings that is not necessarily tied to a specific arbitral institution and that may provide greater flexibility. Any party may agree to use the UNCITRAL Arbitration Rules irrespective of their nationality, either in their contract of afterwards (see arbitration agreements).

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