First report published on UNCITRAL meeting 09 November 2007

Those following the progress of the UNCITRAL working group on its arbitration rules can now read a report on the latest meeting, via the website of the Asia Pacific Regional Arbitration Group. It is the only report on the meeting yet released.

The 39-page report is written by APRAG’s representative at the UNCITRAL meetings Dr Clyde Croft SC - an Australian barrister and a member of Falcon Chambers in London. He attended the discussions, which took place in September in Vienna, when the group reviewed articles 22 to 41 of the UNCITRAL Arbitration Rules.
Croft says the aim is to “enhance the clarity of the Rules, enhance the cost-effectiveness of international arbitration and ensure that international commercial needs and practices are accommodated”. He also notes that the “the growth in global business and electronic transactions highlight the need for flexibility and speed in arbitration processes”.
The report discusses a number of amendments in detail, including, whether employees or officers of a party may appear as witnesses and experts (articles 25 and 27), whether in circumstances of complete deadlock the presiding arbitrator may make an award alone (article 31), whether interim measures should be confirmed in a separate award (articles 26 and 32), and whether the rules should allow for ex parte applications for provisional measures (article 26).
Articles 1 to 21 of the UNCITRAL Rules were reviewed in the previous working group meeting in New York earlier this year. The revision of the UNCITRAL Rules follows the revision of the UNCITRAL Model Law, which was concluded last year.
Croft has prepared reports on all of the sessions on the revision of the UNCITRAL Rules and the Model Law.

 A copy of the most recent report is available here.