Title 50a — Title 50a: International Law

Sec. 50a-100. Short title: UNCITRAL* Model Law on International Commercial Arbitration. This chapter may be cited as the “UNCITRAL* Model Law on International Commercial Arbitration”. (P.A. 89-179, S. 37.) *Note: “UNCITRAL” is an acronym for the United Nations Commission on Inter…

Sec. 50a-101. Scope of application. (1) This chapter applies to international commercial arbitration, subject to any agreement in force between the United States of America, including all territories and possessions, and any other country or countries. (2) The provisions of this …

Sec. 50a-102. Definitions and rules of interpretation. For the purposes of this chapter: (a) “Arbitration” means any arbitration whether or not administered by a permanent arbitral institution; (b) “Arbitral tribunal” means a sole arbitrator or a panel of arbitrators; (c) “Court”…

Sec. 50a-103. Receipt of written communications. (1) Unless otherwise agreed by the parties: (a) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing …

Sec. 50a-104. Waiver of right to object. A party who knows that any provision of this chapter or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such noncompliance without undue dela…

Sec. 50a-105. Extent of court intervention. In matters governed by this chapter, no court shall intervene except where so provided in this chapter. (P.A. 89-179, S. 5.)

Sec. 50a-106. Performance of certain functions by Superior Court. The functions referred to in subsections (3) and (4) of section 50a-111, subsection (3) of section 50a-113, section 50a-114, subsection (3) of section 50a-116 and subsection (2) of section 50a-134 shall be performe…

Sec. 50a-107. Definition and form of arbitration agreement. (1) An “arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contrac…

Sec. 50a-108. Arbitration agreement and substantive claim before court. (1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of …

Sec. 50a-109. Arbitration agreement and interim measures by court. Unless otherwise provided in the arbitration agreement, it is not incompatible with an arbitration agreement for a party to request from a court, before or during arbitral proceedings, an interim measure of protec…

Sec. 50a-110. Number of arbitrators. (1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall be three. (P.A. 89-179, S. 10.)

Sec. 50a-111. Appointment of arbitrators. (1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to t…

Sec. 50a-112. Grounds for challenge. (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of…

Sec. 50a-113. Challenge procedure. (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3) of this section. (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days af…

Sec. 50a-114. Inability or failure to act. (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Ot…

Sec. 50a-115. Appointment of substitute arbitrator. Where the mandate of an arbitrator terminates under section 50a-113 or 50a-114 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other…

Sec. 50a-116. Competence of arbitral tribunal to rule on its jurisdiction. (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which fo…

Sec. 50a-117. Power of arbitral tribunal to order interim measures. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect …

Sec. 50a-118. Equal treatment of parties. The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. (P.A. 89-179, S. 18.)

Sec. 50a-119. Determination of rules of procedure. (1) Subject to the provisions of this chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (2) Failing such agreement, the arbitral tribunal may, subject t…

Sec. 50a-120. Place of arbitration. (1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the partie…

Sec. 50a-121. Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. (P.A. 89-1…

Sec. 50a-122. Language used in arbitral proceedings. (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This …

Sec. 50a-123. Statements of claim and defense. (1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state …

Sec. 50a-124. Hearings and written proceedings. (1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis…

Sec. 50a-125. Default of a party. Unless otherwise agreed by the parties, if, without showing sufficient cause: (a) The claimant fails to communicate his statement of claim in accordance with subsection (1) of section 50a-123, the arbitral tribunal shall terminate the proceedings…

Sec. 50a-126. Expert appointed by arbitral tribunal. (1) Unless otherwise agreed by the parties, the arbitral tribunal: (a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; (b) May require a party to give the expert rel…

Sec. 50a-127. Court assistance in taking evidence. The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this state assistance in taking evidence. The court may execute the request within its competence and according to …

Sec. 50a-128. Rules applicable to substance of dispute. (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of the given coun…

Sec. 50a-129. Decision-making by panel of arbitrators. In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be deci…

Sec. 50a-130. Settlement. (1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceeding and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral awar…

Sec. 50a-131. Form and contents of award. (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, prov…

Sec. 50a-132. Termination of proceedings. (1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. (2) The arbitral tribunal shall issue an order for the termination of the arbitral p…

Sec. 50a-133. Correction and interpretation of award. Additional award. (1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (a) A party, with notice to the other party, may request the arbitral tribunal to correct in …

Sec. 50a-134. Application for setting aside as exclusive recourse against arbitral award. (1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with subsections (2) and (3) of this section. (2) An arbitral award may b…

Sec. 50a-135. Recognition and enforcement of award. (1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this section and of …

Sec. 50a-136. Grounds for refusing recognition or enforcement of award. (1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: (a) At the request of the party against whom it is invoked, if that party furnishes …

Secs. 50a-137 to 50a-139. Reserved for future use.