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Part I Fundamental Principles and the Legal Framework within which the Arbitral Tribunal Operates, Ch.2 General Provisions and Place of Arbitration

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

The drafters of the UNCITRAL Rules focused Article 1(1) on the general scope of application of the Rules and Article 1(2) on their relationship to the mandatory norms of law of the place of arbitration. The focus of Article 1(2) is closely related to the principle, expressed in Article 15(1), that “the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate ….” In addition, Article 15(2) and Article 15(3) concern the right to a hearing and the communication of documents, respectively. The actual role in concrete arbitrations of some of the basic principles expressed in Article 1 and Article 15 is largely dependent on the place of arbitration, the subject matter of Article 16.

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