UNCITRAL Clauses

Single arbitrator:

"[Subject to [ADR Clause ],] any dispute arising out of or connected with this Agreement, including a dispute as to the validity or existence of this Agreement and/or this clause [number], shall be resolved by arbitration with seat (or legal place) in [insert choice of Seat ] conducted in the [ Language ] by a single arbitrator [see Number of Arbitrators ] pursuant to the rules of the United Nations Commission on International Trade Law ("UNCITRAL"), save that, unless the parties agree otherwise:

(i) neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute; and

(ii) the parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law. 

The appointing authority shall be the [London Court of International Arbitration ("LCIA") / International Court of Arbitration of the International Chamber of Commerce]."

Three arbitrators:

"[Subject to [ADR Clause ],] any dispute arising out of or connected with this Agreement, including a dispute as to the validity or existence of this Agreement and/or this clause [number], shall be resolved by arbitration with seat (or legal place) in [insert choice of Seat] conducted in the [ Language ] by three arbitrators [see Number of Arbitrators ] pursuant to the rules of the United Nations Commission on International Trade Law (" UNCITRAL "), save that, unless the parties agree otherwise:

(i) the third arbitrator, who shall act as presiding arbitrator of the tribunal, shall be chosen by the two arbitrators appointed by or on behalf of the parties. If the third arbitrator is not chosen by the two arbitrators within 30 days of the date of appointment of the later of the two party-appointed arbitrators to be appointed, the third arbitrator shall be appointed by the [London Court of International Arbitration ("LCIA")/International Court of Arbitration of the International Chamber of Commerce ("ICC International Court of Arbitration")];

(ii) [no arbitrator shall be of the same nationality as any party];

(iii) neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute; and

(iv) the parties hereby waive their right to any form of recourse against an award to any court or other competent authority, insofar as such waiver can validly be made under the applicable law. 

The appointing authority shall be the [ LCIA / ICC International Court of Arbitration]."

Sub paragraph (ii) may be inappropriate in normal commercial contracts, but it can be important in contracts with States. Its inclusion will prevent the State from appointing as its arbitrator its own national, who may not be predisposed to finding against it:. This provision should be difficult for a State to resist at the negotiation stage but will be valuable if a dispute arises: faced with a genuinely independent tribunal, a State is more likely to be willing to do a deal than go through arbitration.

Click on UNCITRAL for more on the UNCITRAL rules, and the drafting and use of this clause.