The Impact of the UNCITRAL Model Law on International Commercial Arbitration: UAE as a Case Study

Abstract

This three-part critical discussion considers how the UNCITRAL Model Law and its accompanying Rules have influenced the overall directions taken by International Commercial Arbitration (ICA) since the Model Law's introduction in 1985. The various discussion points developed in Parts 1 and 2 collectively confirm two propositions: (1) the UNCITRAL regime has been a highly influential contributor to overall ICA development (especially the ways that ICA practices and procedures have become harmonized over time); (2) the cited Part 2 GCC examples confirm that its member states' arbitration laws are largely aligned with the present-day ICA mainstream. There are a few procedural differences observed between what the Model Law and its Rules contemplate as the ICA standard, and the noted GCC examples that include the specialized Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) and Dubai International Arbitration Centre (DIAC) institutional ICA rules. Potential regional variations (such as whether requiring all arbitration witnesses to provide their evidence under oath) do not significantly detract from this overall GCC-Model Law symmetry.