Reflecting current arbitration practice: The revision of the UNCITRAL Notes on Organizing Arbitral Proceedings

The United Nations Commission on International Law (UNCITRAL, or the Commission) is expected to adopt a revised version of its Notes on Organizing Arbitral Proceedings next summer to reflect the amendments to the UNCITRAL Model Law on International Commercial Arbitration in 2006, the revisions to the UNCITRAL Arbitration Rules in 2010 as well as developments in arbitration practices since the adoption of the Notes in 1996. Arbitration practice has developed gearing toward ensuring efficiency in resolving disputes, incorporating new techniques and technology, while at the same time, preserving the flexible nature of the process and the parties’ interests. The Notes are peculiar in the sense that UNCITRAL, an inter-governmental body, puts together a toolkit for arbitration practitioners and users of arbitration. The general applicability of the Notes and the fact that their revision is the result of a consensus-building process involving not only governments but also international governmental and non-governmental organizations make it meaningful and allow for a universal application. By carefully examining the revision process, this paper attempts to capture the key changes in arbitration practice during the last two decades and to shed light on future developments. It first looks at the basic principles applied in the revision process and then analyses the revisions made to a variety of matters for possible consideration in organizing arbitral proceedings as well as newly added elements to the Notes.