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“International” requirement under UNCITRAL Model Law

The UNCITRAL Model Law on International Commercial Arbitration (hereinafter named as “the Model Law”) was prepared by UNCITRAL and adopted by the United Nations Commission on International Trade Law on 21 June 1985. It was subsequently amended in 2001, 2003, 2005, 2006, 2009 and 2012.

Currently, over 60 national legislations appear to be Model Law compliant and even more and more states are contemplating the possibility to adjust their arbitration statuses by taking into consideration the dispositions of this law.

The specificity of the concept of “international” – as regulated by the Model Law – is that such concept is not expressly defined thereof.

The purpose of such lack of definition is to provide the parties with a flexible private and consensual form of adjudicative dispute resolution environment, where the domain of the international arbitration meets the national legislation.

:: Full text: JURIDICE.ro

Veronica JUNGER
Magistrate – Assistant for the Panel of 5 Judges in Criminal Matters of the High Court of Cassation and Justice of Romania

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