The 9 January Lunch DIScussions, the first DIS event of 2025, were dedicated to the UNCITRAL Model Clauses on Specialised Express Dispute Resolution (SPEDR), the latest work product of the United Nations Commission on International Trade Law (UNCITRAL)’s Working Group II.
The four Model Clauses – on Highly Expedited Arbitration; on Adjudication; on Technical Advisers; and on Confidentiality– are designed as a resource for businesses and practitioners engaging in international dispute resolution, especially when speed and technical expertise are crucial factors.
Judith Knieper, legal officer at UNCITRAL and secretary to Working Groups II and III, opened the Lunch DIScussions with an introduction to all four clauses and their drafting history. The SPEDR clauses are soft-law instruments and address a variety of issues including speed, complexity, expertise and sensitive information. They can be used both individually and in combination with one another.
Michael E. Schneider, a delegate for Switzerland in Working Group II and one of the driving forces behind the Model Clause on Adjudication in particular, presented background and insight into the functioning of the Model Clauses on Technical Advisers and on Adjudication.
The Model Clause on Technical Advisers allows the arbitral tribunal to appoint an adviser to assist it, primarily by providing explanations to help understand the technical matters that appear in the submissions and evidence received from the parties. The Model Clause on Adjudication combines three dispute resolution mechanisms, namely: arbitration under the UNCITRAL Rules; adjudication (not limited to construction cases) resulting in a binding determination of the adjudicator; and so-called compliance arbitration. In such compliance arbitration, disputes as to whether a party complied with the adjudicator’s determination are decided under the UNCITRAL Expedited Arbitration Rules.
Volker Mahnken, CCRM, commented on these clauses based on his experience in construction and infrastructure disputes. He spoke his appreciation of the clauses.
Link to UNCITRAL Model Clauses on Specialised Express Dispute Resolution (SPEDR).
Reinmar Wolff thanked the audience for their contributions and for the lively discussions, which could easily have been extended beyond the 60 minutes of these Lunch DIScussions.
Reinmar Wolff