UNCITRAL Model Law With Amendments In 2006 And Its Impacts On Chinese Arbitration Law And Practice

The United Nations General Assembly adopted "UNCITRAL(United Nations Commission on International Trade Law) Model Law on International Commercial Arbitration" with amendment in 2006.The Model Law focused mainly on the changes in two aspects:the written form of arbitration agreement and the arbitration of interim measures and preliminary orders.China is now planning to amend its arbitration law. So the new provisions in the Model Law are of great significance to Chinese arbitration law.Study in arbitration agreement and interim measures is necessary to grasp the developing trend of international commercial arbitration and to improve China's arbitration legal system as well.This dissertation is divided into tour chapters.New provisions and China's legal system deficiencies on arbitration are analyzed based on the documents and discussions of the previous sessions of UNCITRAL Working Groupâ…¡.Proposals are also made to improve Chinese arbitration law considering both the Model Law and the situation of China.Chapter One briefly introduces the background of the Model Law,including its main contents,features,significance as well as an overview of the amendment in 2006.Chapter Two focuses on the issue of the definition and form of arbitration agreement contained in Article 7 of the Amendment of 2006 with due consideration given to the discussions of the UNCITRAL Working Groupâ…¡.This chapter deals with both optional clauses of Article 7 in detail.Chapter Three mainly discusses interim measures and preliminary orders contained in Article 17 of the Amendment of 2006 including the definition, precondition and type of interim measures.The chapter provides detailed analysis on all provisions of Article 17 and their impacts on international arbitration law. Chapter Four deals with the related provisions on the written form of arbitration agreement and interim measures in Chinese Arbitration law with reference given to the 2006 Model law.This chapter also raised proposals for the improvement of Chinese Arbitration Law.