몽골의 국제상사분쟁해결법원으로서의 중재법

In Mongolian historical context does not conclusively prove the existence of traditional ADR. Nevertheless, it is clear that the great deal of benefits domestically will be brought by having realized arbitration as a dispute resolution system within the law on arbitration. Mongolia has started legal reform process specifically in 1988 under decree number of State Ikh Khural “Legal reform program”wad adopted. Consistent with this program, the government elaborated new Law on Arbitration in 2003. The law is the primary source of law on arbitration in Mongolia apply both of domestic and international. The significant characteristic of this law was loosely based on UNCITRAL Model Law of 1985. Both of domestic laws like Mongolian Constitution, Civil Code, Civil Procedure Code, Law on Court Enforcement, The arbitration rules of MNAC and international treaties as New York convention of 1965. In the area of foreign investment disputes apply the Foreign Investment Law, dispute resolution clause included in BITs and available to choice eg ICSID, UNCITRAL, ICC and other options. Washington convention of 1965 also applied. Today, Mongolia has one formal arbitration organization, which is called the Arbitration Court of the Mongolian Chamber of Commerce and Industry. This is non governmental, non-profit organization and his rules that permit enforceable ad hoc arbitration. This paper introduced the number of cases and value of claims in Mongolia and present and point out the legal tasks to overcome for future development of international commercial arbitration.