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Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of international trade law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.
The clause usually forms part of a parent company guarantee that is intended to limit the applicability of the doctrines of impossibility or frustration of purpose. The term for the clause comes from a colloquial expression that a task must be accomplished "come hell or high water", that is, regardless of any difficulty.
The UNCITRAL Model Law on International Commercial Arbitration [1] is a model law prepared and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures.
Uniform Real Estate Cooperative Act: 1981 Uniform Real Estate Time-Share Act: 1980, 1982 Uniform Real Property Electronic Recording Act: 2004 Uniform Reciprocal Enforcement of Support Act: 1968 Uniform Residential Landlord and Tenant Act: 1972 Uniform Rights of the Terminally Ill Act: 1989 Uniform Rules of Criminal Procedure: 1974, 1987
A number of provisions take their inspiration from the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the UNCITRAL Model Law). The provisions allow for proceedings to be conducted abroad and for the parties to agree to conduct an arbitration in any language.
In construction law and real estate, exculpatory clauses are sometimes included in nonrecourse loans to minimize personal liability for the borrower. [5] Exculpatory clauses are also applied more generally in construction law to immunize a person from the consequences of his/her negligence, though this application is subject to stringent ...
The CISG is considered one of the greatest achievements of UNCITRAL and the "most successful international document" in unified international sales law, [9] [10] due to its parties representing "every geographical region, every stage of economic development and every major legal, social and economic system". [11]
The Model Law does not replace the Convention; it works with it. An award made in a country which is not a signatory to the Convention cannot take advantage of the Convention to enforce that award in the 169 contracting states unless there is bilateral recognition, whether or not the arbitration was held under the provisions of the UNCITRAL ...