SVKMs NMIMS

School of Law, Mumbai

Synopsis Submitted
On
UNCITRAL Model Law
In compliance to partial fulfillment of the marking
scheme, for Trimester 8 of 2016-2017, in the subject of
Interpretation of Statutes and Principles of Legislation

Submitted
To
Professor Ishnoor Arora
for evaluation

ARNAV DAS
A026
BBA LLB (H)

SYNOPSIS
The United Nations Commission on International Trade Law (UNCITRAL) adopted
the UNCITRAL Model Law on International Commercial Arbitration1 (the Model
Law) on 21 June 1985, at the end of the eighteenth session of the Commission. The
General Assembly, in its resolution 40/72 of 11 December 1985, recommended that
all States give due consideration to the Model Law on International Commercial
Arbitration, in view of the desirability of uniformity of the law of arbitral procedures
and the specific needs of international commercial arbitration practice. The Model
Law was amended by UNCITRAL on 7 July 2006,2 at the thirty-ninth session of the
Commission
The Model Law was developed to address considerable disparities in national laws on
arbitration. The need for improvement and harmonization was based on findings that
national laws were often particularly inappropriate for international cases.
It covers all stages of the arbitral process from the arbitration agreement to the
recognition and enforcement of the arbitral award and reflects a worldwide consensus
on the principles and important issues of international arbitration practice. It is
acceptable to States of all regions and the different legal or economic systems of the
world. Since its adoption by UNCITRAL, the Model Law has come to represent the
accepted international legislative standard for a modern arbitration law and a
significant number of jurisdictions have enacted arbitration legislation based on the
Model Law.

STATEMENT OF PROBLEM
.

Disparities amongst national laws have given rise to distinct difficulties. Mandatory
rules of law in the country of arbitration have operated to preclude parties from
conducting arbitration according to their agreement, or understanding as to what was
appropriate to their case. Disparities in national laws can be fundamental, affecting
the extent of court involvement, the rules of procedure, annulment and setting aside of
awards, as well as award enforcement and recognition.

LITERATURE REVIEW

HYPOTHESIS

RESEARCH QUESTIONS
This project raises the following questions:
-

Why

RESEARCH METHODOLOGY

The method of research adopted in this research paper is the Doctrinal method of
research. Secondary Sources of data have been used to formulate opinions. Books,
journals and internet constitute major part of the research. Surveys and examinations
have not been conducted for the research for the said paper.