Document ID: chunk:federal_register_of_legislation:C2022C00086:schedule:2:p1
Version: federal_register_of_legislation:C2022C00086
Segment Type: schedule
Provision Reference: sch 2 (pt 1/17)
Character Range: 71521–74219

Schedule 2—UNCITRAL Model Law on International Commercial Arbitration (As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006)
Note: See subsection 15(1).

CHAPTER I.   GENERAL PROVISIONS

Article 1.  Scope of application1

(1) This Law applies to international commercial2 arbitration, subject to any agreement in force between this State and any other State or States.

(2) The provisions of this Law, except articles 8, 9, 17 H, 17 I, 17 J, 35 and 36, apply only if the place of arbitration is in the territory of this State.

(Article 1(2) has been amended by the Commission at its thirty‑ninth session, in 2006)

(3) An arbitration is international if:

 (a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or

 (b) one of the following places is situated outside the State in which the parties have their places of business:
(i) the place of arbitration if determined in, or pursuant to, the arbitration agreement;
(ii) any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject‑matter of the dispute is most closely connected; or

 (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.

(4) For the purposes of paragraph (3) of this article:

 (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement;

 (b) if a party does not have a place of business, reference is to be made to his habitual residence.

(5) This Law shall not affect any other law of this State by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.

Article 2.  Definitions and rules of interpretation

For the purposes of this Law:

 (a) "arbitration" means any arbitration whether or not administered by a permanent arbitral institution;

 (b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators;

 (c) "court" means a body or organ of the judicial system of a State;

 (d) where a provision of this Law, except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination;

 (e) where a provision of this Law refers to the fact that the parties have agreed or that they may agree or