International Arbitration Act · 2024 Revised Edition · Part · International Commercial Arbitration
25. Application of rules of arbitration
Official textFrom Attorney General's Chambers, unchanged
It is hereby declared for the avoidance of doubt that a provision of rules of arbitration agreed to or adopted by the parties, whether made before
International Arbitration or after the commencement of the arbitration, applies and be given effect to the extent that such provision is not inconsistent with any provision of the
Model Law or of this Part from which the parties cannot derogate.
Model Law
“Model Law” means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21st June 1985, the text in English of which is set out in Schedule 1;
Without prejudice to subsection (1), subsections (3) to (6) apply for the purposes of determining whether a provision of rules of arbitration is inconsistent with any provision of the Model Law or of this Part.
A provision of rules of arbitration is not inconsistent with the
Model Law or this Part merely because it provides for a matter on which the
Model Law and this Part is silent.
Rules of arbitration are not inconsistent with the Model Law or this Part merely because the rules are silent on a matter covered by any provision of the Model Law or this Part.
A provision of rules of arbitration is not inconsistent with the
Model Law or this Part merely because it provides for a matter that is covered by a provision of the Model Law or this Part which allows the parties to make their own arrangements by agreement but which applies in the absence of such agreement.
The parties may make the arrangements referred to in subsection (5) by agreeing to the application or adoption of rules of arbitration or by providing any other means by which a matter may be decided.
In this section and section 24, “rules of arbitration” means the rules of arbitration agreed to or adopted by the parties, including the rules of arbitration of an institution or organisation.
Terms defined in s 2
Model Law
Defined · s 2“Model Law” means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21st June 1985, the text in English of which is set out in Schedule 1;