UNCITRAL’s Working Group II met for its 79th session from 12 to 16 February 2024 in New York to finalize its work on model clauses on highly expedited arbitration, adjudication, technical advisors and confidentiality. The DIS had already dedicated its Lunch DIScussions in November 2023 to the topic of highly expedited dispute resolution and continued supporting the work of UNCITRAL in its 79th session as an observer.
The proposed model clause on highly expedited arbitration shortens the period of time for making the award under the UNCITRAL Expedited Arbitration Rules to 90 days after constitution of the arbitral tribunal if the parties agree so.
The model clause on adjudication combines several dispute resolution mechanisms. Next to arbitration under the UNCITRAL Arbitration Rules, the parties can submit a dispute to adjudication. The adjudicator shall make a determination within 30 days from the date of his or her acceptance of appointment if the parties agree so. The determination of the adjudicator is binding on the parties and the parties must comply with the determination without delay. Disputes as to the compliance by any of the parties with the determination of the adjudicator may be referred to arbitration by either party in accordance with the UNCITRAL Expedited Arbitration Rules with some accelerating adjustments. Adjudication has no effect on the parties’ right to initiate arbitral proceedings under the UNCITRAL Arbitration Rules.
Under the model clause for technical advisors, the arbitral tribunal may appoint one or more independent technical advisors to accompany it in the proceedings and, as the need arises, to assist it in the technical understanding of the dispute.
The full report on the February session of Working Group II is available here. The clauses will be submitted to the Commission for finalization and adoption in summer.
Reinmar Wolff