Environmental Engineering Reference
In-Depth Information
the public interest is often low, because mostly privates are involved in commercial
arbitration.
101
Some authors highlighted the benefits of privacy and confidentiality
as “two sides of the same coin.”
102
In the following section, the most important arbitration institutions will be
compared. There are several arbitration institutions within the MENA region,
such as the Institut Euro Mediterraneen d
'
Arbitrage (IEMA), the Centre Euro-
Mediterraneen de Mediation et d
Arbitrage (CEMA), the Cairo Regional Centre
for International Commercial Arbitration (CRCICA), Arab Centre for Commercial
Arbitration (ACCA) and the Camera Arbitrale di Milano (CAM). Furthermore,
there are also the “traditional” commercial arbitration institutions. These encom-
pass the London Court of International Arbitration (LCIA), the International
Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce
(SCC).
103
Finally, two important documents remain, which have shaped the
existing international commercial arbitration tremendously. These are the
UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL
Model Law), 1976 (amended 2010) the UNCITRAL Arbitration Rules
(UNCITRAL Rules), and the 1985 (amended 2006) UNCITRAL Model Law in
International Commercial Arbitration (UNCITRAL CAR).
'
2.1.3.3 The UNCITRAL Model Law and Arbitration Rules
For more than 40 years, the UNCITRAL was the UN
s main legal framework in the
field of international trade.
104
Through conventions, model laws and legal guide-
lines, the UNCITRAL tries to harmonize, modernize and enhance international
trade.
105
The UNCITRAL has released several important documents, such as the
1958 NY Convention, the UNCITRAL Rules, and the UNCITRAL CAR. These
three documents are the most relevant legal texts if it comes down to international
commercial arbitration. The UNCITRAL CAR is a proposal for national legisla-
tors
106
and has been adopted in at least 60 different states.
107
The UNCITRAL Rules
on the other hand are an arbitration framework which the parties can choose.
108
'
101
Moss (
2009
), 782 (793).
102
Kouris (
2005
), 127 (128); Confidentiality is the most advantageous feature of international
arbitration, in: Trakman (
2002
), 1 (1).
103
Wood (
2007
), 575 (579); cf Metje (
2008
), 159; ICC, in: Berger (
2003
), 65 (85); ICC, in:
Lorcher (
2001
), 275 (276-277).
104
UNCITRAL (
2014a
); Hughes (
2010
), 149 (149); Concerning the UNCITRAL Rules, in: Kutty
(
2006
), 565 (576).
105
Hughes (
2010
), 149 (149); UNCITRAL (
2014a
); cf Ahdab and Stackpool-Moore (
2008
),
275 (276).
106
UNCITRAL (
2014b
); Dolzer and Schreuer (
2008
), 228; Hughes (
2010
), 149 (149-150);
Proposal for modernization, in: Brower and Sharpe (
2003
), 643 (650).
107
Hughes (
2010
), 149 (150); cf, smaller number of states, in: Harten (
2007
), 52.
108
UNCITRAL (
2014b
).
