Document ID: chunk:federal_register_of_legislation:C2022C00086:schedule:2:p2
Version: federal_register_of_legislation:C2022C00086
Segment Type: schedule
Provision Reference: sch 2 (pt 2/17)
Character Range: 73993–76701

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 in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement;

 (f) where a provision of this Law, other than in articles 25(a) and 32(2) (a), refers to a claim, it also applies to a counter‑claim, and where it refers to a defence, it also applies to a defence to such counter‑claim.

Article 2 A.  International origin and general principles

(As adopted by the Commission at its thirty‑ninth session, in 2006)

(1) In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.

(2) Questions concerning matters governed by this Law which are not expressly settled in it are to be settled in conformity with the general principles on which this Law is based.

Article 3.  Receipt of written communications

(1) Unless otherwise agreed by the parties:

 (a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last‑known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it;

 (b) the communication is deemed to have been received on the day it is so delivered.

(2) The provisions of this article do not apply to communications in court proceedings.

Article 4.  Waiver of right to object

A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non‑compliance without undue delay or, if a time‑limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.

Article 5.  Extent of court intervention

In matters governed by this Law, no court shall intervene except where so provided in this Law.

Article 6. Court or other authority for certain functions
of arbitration assistance and supervision

The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2) shall be performed by ... [Each State enacting this model law specifies