UNCITRAL Model Law on International Commercial Conciliation
- Type: Model Law
- Date of signature: 19/11/2002
- Place of signature: New York, USA
- Depositary: United Nations Commission on International Trade Law (UNCITRAL)
- Date of entry into force: N/A
What is it about?
The purpose of this Model Law is to provide uniform rules in respect of the conciliation process to encourage the use of conciliation and ensure greater predictability and certainty in its use. To avoid uncertainty resulting from an absence of statutory provisions, the Model Law addresses procedural aspects of conciliation, including the appointment of conciliators, commencement and termination of conciliation, conduct of the conciliation, communication between the conciliator and other parties, confidentiality and admissibility of evidence in other proceedings as well as post-conciliation issues, including the conciliator acting as arbitrator and enforceability of settlement agreements.
Why is it relevant?
The Model Law was developed in the context of recognition of the increasing use of conciliation as a method for settling commercial disputes. The Model Law was also designed to provide uniform rules in respect of the conciliation process. In many countries, the legal rules affecting conciliation are set out in various pieces of legislation and take differing approaches on issues such as confidentiality and evidentiary privilege and exceptions thereto. Uniformity on such topics helps to provide greater integrity and certainty in the conciliation process.
As a model law, the text is recommended to States for enactment as part of their national law. The Model Law includes a Guide to Enactment, which provides background and explanatory information to assist States in preparing the necessary legislative provisions and gives useful insights to other users of the text such as judges and practitioners. All related documents, including information on the status of the Model Law, are available at http://www.uncitral.org
- United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards (10 June 1958) UNCITRAL Arbitration Rules (1976) UNCITRAL Conciliation Rules (1980) UNCITRAL Model Law on International Commercial Arbitration (1985) as revised (2006) UNCITRAL Notes on Organizing Arbitral Proceedings (1996)