Примеры использования Arbitration model law на Английском языке и их переводы на Русский язык
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Her delegation thereforesupported the alternative proposal, and felt that both variants should be retained in the Arbitration Model Law.
The Commission might wish to discuss the extent to which the Arbitration Model Law might become the instrument through which the enforcement regime would be modernised.
It was questioned whether the reviseddraft article 7 and the alternative proposal should be presented as options in the Arbitration Model Law.
His delegation was of the view that national procedural laws, rather than the Arbitration Model Law, should be applied in cases where a party alleged that the translation was not correct.
It was also felt that the compromise text might create potential disharmony or confusion for countries having adopted orwishing to adopt the Arbitration Model Law.
The paragraph would, however,be more comprehensible if it was more appropriately placed in the Arbitration Model Law, for example in article 9, on arbitration agreement and interim measures by court.
As at 4 April 2006, 54 issues of CLOUT had been prepared for publication,dealing with 604 cases, relating mainly to the United Nations Sales Convention and the Arbitration Model Law.
Concern was expressed that presenting options in the Arbitration Model Law would not encourage harmonization of legislation in that field and might potentially create difficulties for enacting States.
Her delegation was of the view that it would be appropriate to introduce a similar provision in the Arbitration Model Law and to apply it to the entire Model Law. .
It was recalled that the Arbitration Model Law did not provide a substantive rule as to the application of incorporation by reference but rather left its determination to national laws. .
The Commission should consider whether it wished to adopt such a provision and if so,whether it wished the provision to apply to the Arbitration Model Law as a whole or solely to chapter IV bis.
That article provides that,in respect of the listed articles, the Arbitration Model Law, as enacted in a given State, applies even if the place of the arbitration is not in the territory of that State.
Yet another suggestion was made to address the impact of anti-suit injunctions on international arbitration by appropriately amending the Arbitration Model Law.
It was said that that modification could introduce inconsistency between the Arbitration Model Law and article IV of New York Convention, which required that the arbitration agreement or a certified copy thereof be presented.
As at 13 July 2005, 46 issues of CLOUT had been prepared for publication,dealing with 530 cases, relating mainly to the United Nations Sales Convention and the Arbitration Model Law.
As it had indicated in its report, new instruments of accession, ratification orsuccession had been deposited by various States, and its arbitration model law had been adopted by four additional States since its twenty-seventh session.
The Commission might also wish to discuss the extent to which theseconsiderations relating to article VII, paragraph(1), of the New York Convention might have an impact on future work regarding the Arbitration Model Law.
That article provided that,in respect of the listed articles, the Arbitration Model Law, as enacted in a given State, would apply even if the place of the arbitration was not in the territory of that State A/CN.9/589, paras. 101-103.
It was said that,therefore, by virtue of the"more favourable law provision" contained in article VII of the New York Convention, the Arbitration Model Law would apply instead of article II of the New York Convention.
At its forty-fourth session, the Working Group agreed that the legislative provisions on interim measures and preliminary orders be placedin a new chapter, numbered chapter IV bis of the UNCITRAL Model Law on International Commercial Arbitration"the Arbitration Model Law.
It was explained that that language was more closely aligned to the language used in the Arbitration Model Law and that replacing the words"the court" by the word"courts" at the end of the first sentence was intended to clarify that there was no intention to refer to specific court proceedings, either domestic or foreign.
The Commission noted that the Working Group had yet to finalize its work on draft articles 17, 17 bis and 17 ter, including the issue of the form in which the current andthe revised provisions could be presented in the Arbitration Model Law.
In drafting the text,the Working Group had borne in mind that the concepts embodied in article 17 bis would in any case have to be brought into line with the relevant national laws of States who adopted the Arbitration Model Law; specifically, the provisions of article 17 bis would need to be adapted to the particular standards of proof established under those laws. .
The Commission might wish to consider whether the alternative proposal should be retained and, in the affirmative, the form in which the revised draft article 7 andthe alternative proposal might be presented in the Arbitration Model Law.
The Working Group agreed that explanatory material in relation to the legislative provisions on interim measures, preliminary orders andthe form of arbitration agreement could be drafted along the lines of the existing explanatory note to the Arbitration Model Law and that such text could replace the current paragraphs 18, 19, 26 and other affected paragraphs of that explanatory note.
The Working Group also agreed that questions relating to the placement of paragraph(7) and the overall structure of draft article 17 would be further considered in the context of the discussion regarding the form in which the revised provisions(comprising draft articles 17, 17 bis and 17 ter)could be presented in the Arbitration Model Law.
It was noted that legal issues dealt with by the teams of students participating in the Twelfth Moot had been based on the United Nations Sales Convention,the Swiss Rules of International Arbitration, the Arbitration Model Law and the New York Convention.
It was noted that legal issues dealt with by the teams of students participating in the Sixteenth Moot had been based on the United Nations Sales Convention,the arbitration rules of the Institute of Arbitration of the Stockholm Chamber of Commerce and the Arbitration Model Law.
That alternative proposal was seen as establishing a more favourable regime for recognition and enforcement of arbitral awards than was provided for under the New York Convention, and therefore, by virtue of the"more favourable law provision"contained in article VII, paragraph(1), of the New York Convention, the Arbitration Model Law would apply instead of article II, paragraph(2), of the New York Convention.
At its thirty-second session(Vienna, 17 May-4 June 1999), the Commission decided that one of the priority items for the Working Group should be the requirement of written form for the arbitration agreementcontained in article 7, paragraph(2), of the UNCITRAL Model Law on International Commercial Arbitration"the Arbitration Model Law.